Charping v. Toxaway Mills
Supreme Court of South Carolina
Before Townsend, J., Anderson, July, 1904. Action by J. R. Charping against T'oxaway Mill. From judgment for defendant, plaintiff appeals. cite: Witness cannot be contradicted by direct testimony on collateral matter: 16 Ency., 1 ed., 461e; 2 Bail., 473; 33 S. C., 582; 49 S. C., 414; 60 S. C., 169. Instructions ignoring material evidence in case should not be given: 46 S. C., 79; 11 Ency.
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Before Townsend, J., Anderson, July, 1904. Action by J. R. Charping against T'oxaway Mill. From judgment for defendant, plaintiff appeals. cite: Witness cannot be contradicted by direct testimony on collateral matter: 16 Ency., 1 ed., 461e; 2 Bail., 473; 33 S. C., 582; 49 S. C., 414; 60 S. C., 169. Instructions ignoring material evidence in case should not be given: 46 S. C., 79; 11 Ency. P. & P., 190, 191. As to pleading contributory negligence: 56 S. C., 95; 67 S. C., 146. Assumption of risks must be pleaded: 66 S. C., 211. Instruction zvhich absolves employer from liability unless he knew…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Woods.
The plaintiff was standing on a scaffold working for defendant as a carpenter. The crossbeam of the scaffold broke, and the plaintiff was thrown to the ground and injured. The basis of the action for damages is the alleged failure of the defendant tO' provide the plaintiff, his employee, a safe place to work. The verdict was for the defendant.
1 The plaintiff submits that the Circuit Judge erred in charging- on the subject of assumption of risk, because, as he .insists, this defense was not set up in the answer. In the answer, the…
2Cases cited6 opinions
- Bodie v. Charleston & Western Carolina Ry. Co.Supreme Court of South Carolina · 1901
- Cooper v. Georgia, Carolina & Northern Ry. Co.Supreme Court of South Carolina · 1899
- Lowrimore v. Palmer Mfg. Co.Supreme Court of South Carolina · 1901
- Barksdale v. Charleston & Western Carolina Ry. Co.Supreme Court of South Carolina · 1903
- Gilreath v. FurmanSupreme Court of South Carolina · 1900
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Hoffman v. Southern Pacific Co.California Court of Appeal · 1927
- Whisenhunt v. Atlantic Coast Line R. Co.Supreme Court of South Carolina · 1940
- Lyon v. Charleston & Western Carolina Ry.Supreme Court of South Carolina · 1909
- Wingo v. Inman MillsSupreme Court of South Carolina · 1907
- Ogilvie v. Conway Lumber Co.Supreme Court of South Carolina · 1908
6 more not listed; retrieve them via the Exa API.