Legal Opinion

Harmon v. Seaboard Air Line Ry.

Supreme Court of South Carolina

Decided June 2, 1918No. 9883PublishedCited by 3 opinions

Before Prince, J., York, Spring term, 1918. Action by S. O. Harmon against the Seaboard Air Tine Railway Company. From an order of nonsuit, plaintifl appeals. cite: As to assumption of risk: 73 S. C. 503; 68 S. C. 55; 47 Am. Rep. 319; 19 Am. State Rep. 180; 24 Am. St. Rep. 317; 44 Am.

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Before Prince, J., York, Spring term, 1918. Action by S. O. Harmon against the Seaboard Air Tine Railway Company. From an order of nonsuit, plaintifl appeals. cite: As to assumption of risk: 73 S. C. 503; 68 S. C. 55; 47 Am. Rep. 319; 19 Am. State Rep. 180; 24 Am. St. Rep. 317; 44 Am. St. Rep. 945; 66 Pacific Reports 799; 92 S. C. 528; 52 S. C. 438 ; 55 S. C. 102; 14 Encyc. of Law 357; 21 S. C. 541; 82 S. C. 550; 89 S. C. 390; 55 S. C. 90. cite: 233 U. S. 492; 38 Law Ed. 1002.

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Chief Justice Gary.

This is an appeal from an order of nonsuit. The action arose under the Federal Employers’ Liability Act (Act April 22, 1908, c. 149, 35 Stat. 65 [U. S. Coinp. St. 1916, secs. 8657-8665]).

At the time of the injury hereinafter mentioned the plaintiff, with other servants, was engaged in lifting heavy timbers, and placing them on a dump car to be used in the construction of a trestle. While lifting a piece of timber, the plaintiff’s back was strained through overexertion, and he was thereby injured. It was alleged that the plaintiff…

2Cases cited3 opinions

  1. Seaboard Air Line Railway v. HortonSupreme Court of the United States · 1914
  2. Seaboard Air Line Railway v. LorickSupreme Court of the United States · 1917
  3. Lorick v. S.A.L. Ry.Supreme Court of South Carolina · 1916

3Cited by3 opinions

  1. Guerierro v. Reading CompanySupreme Court of Pennsylvania · 1942
  2. Kempe v. Illinois Central RailroadSupreme Court of Iowa · 1930
  3. Terry v. Atlantic Coast Line R. Co.Supreme Court of South Carolina · 1936

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