Griffin v. Thayer
Supreme Court of South Carolina
Before Smith, J., Colleton, Fall term, 1917. Action by William Griffin against H. S. Thayer and others. From judgment for plaintiff, defendants appeal. submit: That the defense of assumption of risk must be pleaded, and, not having been set up in the answer, defendants cannot now invoke it: 73 S. C. 511; 75 S. C. 68; 80 S. C. 7; 76 S. C. 452; 50 S. C. 53; 68 S. C. 514; 70 S. C. 470.
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Fraser.
Little need be said of the facts in this case, as only two questions are raised in the argument. The other exceptions were abandoned at the hearing.
The plaintiff, an employee of the defendants, brought this action for damages for personal injuries. The trial Judge refused to submit to the jury the questions of assumption of risk and contributory negligence, inasmuch as assumption of risk and contributory negligence had not been pleaded. From these rulings this appeal is taken. Bota are affirmative defenses and must be pleaded in…
2Cited by1 opinion
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