Legal Opinion

Armstrong v. A. C. Tuxbury Lumber Co.

Supreme Court of South Carolina

Decided June 1, 1910No. 7589PublishedCited by 1 opinion

Before DpVoRR, J., Charleston, April, 1909. Action by Frank T. Armstrong against A. C. Tuxbury Lumber Company, defendant appeals on following exceptions : 1. “The presiding Judge erred in refusing defendant’s motion for a nonsuit upon the following ground, urged in support'of said motion, namely: That plaintiff’s evidence failed to show that the injury to the plaintiff was caused by any carelessness or negligence on the part of the defendant. 2. “The presiding Judge erred1…

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Before DpVoRR, J., Charleston, April, 1909. Action by Frank T. Armstrong against A. C. Tuxbury Lumber Company, defendant appeals on following exceptions : 1. “The presiding Judge erred in refusing defendant’s motion for a nonsuit upon the following ground, urged in support'of said motion, namely: That plaintiff’s evidence failed to show that the injury to the plaintiff was caused by any carelessness or negligence on the part of the defendant. 2. “The presiding Judge erred1 in refusing defendant’s motion for a nonsuit upon the following ground urged in support’of said motion, namely: That the…

1Opinion of the Court

June 1, 1910. The opinion of the Court was delivered by The plaintiff brought this action to recover damages for personal injuries alleged to have resulted from the negligence of defendant in allowing the cog gear to remain unguarded so that plaintiff's coat was caught in the same, thereby pulling his arm into the cog gear and so injuring the same as to necessitate amputation. The jury rendered a verdict in favor of plaintiff for seven thousand dollars.

As we are clearly of the opinion that there should be a reversal we will notice only certain of the exceptions which compel the same.

After the…

2Cases cited8 opinions

  1. Choctaw, Oklahoma & Gulf R. R. v. McDadeSupreme Court of the United States · 1903
  2. Union Pacific Railway Co. v. O'BrienSupreme Court of the United States · 1896
  3. Bodie v. Charleston & Western Carolina Ry. Co.Supreme Court of South Carolina · 1901
  4. Martin v. Royster Guano Co.Supreme Court of South Carolina · 1905
  5. State v. FranklinSupreme Court of South Carolina · 1908

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3Cited by1 opinion

  1. Wigg v. Orphan Aid SocietySupreme Court of South Carolina · 1928

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