
    
      1738.
    
    Green v. Massee & Felton Lumber Company.
    Action for damages, from city court of Macon — Judge Hodges. January 12, 1909.
    Argued April 16,
    Decided June 29, 1909.
    Green sued the Massee & Felton Lumber Company for damages on account of personal injuries. His petition was dismissed on general demurrer, and he excepted. The petition alleges, that while he was in the employment of the defendant company as a laborer, laying a line of pipe on its premises, “certain persons not in the employment of the said . . company, at work in a tank situated on the premises of said company near the place where . . petitioner was laying pipe as aforesaid, negligently and carelessly threw a large piece of timber from said tank down upon . . petitioner, striking him across the back and injuring him” in a manner described; that “said persons were at work on said tank by the invitation, knowledge, approval, and consent of the said . . company;” and that “said injuries were caused entirely by the said . . company in permitting said piece of timber to be thrown down upon . . petitioner as aforesaid, and in thus rendering said place in which . . petitioner was at work unsafe; all of which was negligence on the part of said defendant, causing . . petitioner’s injuries as aforesaid.”
    
      Joseph H. Hall, Warren Roberts, for plaintiff.
    
      Lane & Parle, for defendant.
   Powell, J.

1. The petition fails to allege such a state of circumstances as to show a duty on the defendant to protect the plaintiff from the injury for which he sues; and it does not disclose that the defendant was legally responsible for the conduct of the persons through whom the injury was immediately committed. Hence the court did not err in sustaining the demurrer.

2. The plaintiff in error has requested this court to give leave to amend, in the event of an affirmance. Leave to amend is granted.

Judgment affirmed, with direction.  