15 Ga. App. 652 | Ga. Ct. App. | 1915
1. The negligence upon which the plaintiff predicates his claim for damages is that the engine on which the plaintiff was working was not equipped with handholds for use by the firemen in going from his cab toward the front of his engine in order to light the headlight; that, in the absence of these handholds, there projected from the engine a certain piece of iron upon which was usually placed a light, the top of which was used by the defendant’s servants as a handhold and as a means of moving around in front of the engine for the purpose of lighting the headlight, no handhold being furnished by the defendant upon the front of the engine; and that in using this pilot light to steady himself (as he went to return to the cab after lighting the light), the top thereof broke off, and he fell from the engine to the ground, and thereby sustained the injuries complained of. The evidence produced by the plaintiff fails to sustain the allegations of negligence set out in his petition. On the contrary, instead of proving
2. It is insisted in the bill of exceptions that the court should not have allowed the defendant’s counsel to exhibit to the plaintiff
3. The court committed no error in sustaining the motion of defendant’s counsel for a nonsuit upon the close of the plaintiff’s testimony, since the evidence for the plaintiff failed entirely to sustain the allegations of negligence set out in the petition. See Kelly v. Strouse, 116 Ga. 882 (43 S. E. 280); Box v. Atlantic & Birmingham R. Co., 120 Ga. 1050 (48 S. E. 427), and citations.
Judgment affirmed.