Young v. Stuart Lumber Co.

Court of Appeals of Georgia

Decided December 9, 1915

Court of Appeals of Georgia · decided 1915-12-09

<p>Action for damages; from city court of Bainbridge — Judge Spooner. January 25, 1915.</p>

Relies on Evans v. Mills · 4 Ga. App. 159 - Platt v. Southern Photo Material Co.

Good law ✅— No negative treatment on recordhow we know

Decided 1915-12-09

How this case has been cited

Cited by 4 later decisions — most recently November 1974

4 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Russell, C. J.

¶1Since the fellow-servant rule applies to infants over the age of fourteen years, and they are presumed to assume the risks which the law makes incident- to their contract of employment (Evans v. Josephine Mills, 119 Ga. 448, 453, 454, 46 S. E. 674), the court did not err in awarding a nonsuit. Nor was it error in the present case to exclude evidence tendered with reference to the statutory certificate as to the age of the child and as to his attendance at school. Platt v. Southern Photo Material Co.. 4 Ga. App. 159 (60 S. E. 1068).

¶2Judgment affirmed.