
    17770.
    McKerley v. Georgia School of Technology et al.
    
    Master and Servant, 39 C. J. p. 537, n. 12.
    Decided July 13, 1927.
    Rehearing denied September 9, 1927.
    Action for damages; from Fulton superior court—Judge Howard. October 14, 1926.
    Application for certiorari was denied by. the Supreme Court.
    
      Key, McClelland & McClelland, for plaintiff.
    
      Little, Powell, Smith & Goldstein, Kendrick L. Scott, for defendants.
   Stephens, J.

It appearing from the petition that the injuries which the plaintiff received as a result of the alleged negligent condition of steps which the plaintiff was using were caused solely by the negligence of the plaintiff’s fellow servants, without the knowledge or consent of the defendant, who was the master, in removing nails from the treads upon the steps just before the plaintiff stepped upon them, the petition set out no cause of action against the defendant, and was properly dismissed upon demurrer.

Judgment affirmed.

Jenkins, P. J.,, and Bell, J., concur.  