Alston v. Virginia-Carolina Chemical Co.
Supreme Court of South Carolina
Before Sease, J., Charleston, April, 1915. Action by Joseph Alston against the Virginia-Carolina Chemical Company. From a judgment for plaintiff, defendant appeals. cite: As to absence of duty to warn: 20 A. & K. Hnc. of L. 94; 55 S. C. 483. Contributory negligence: 21 S. C. 541. Assumption of risk: 27 S. C. 71; 72 S. C. 346. submit: This Court will not review findings of fact — 7A S. C. 367; 91 S. C. 6; 73 S. C. 83 and 291 — unless there was an entire failure of evidence:…
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Before Sease, J., Charleston, April, 1915. Action by Joseph Alston against the Virginia-Carolina Chemical Company. From a judgment for plaintiff, defendant appeals. cite: As to absence of duty to warn: 20 A. & K. Hnc. of L. 94; 55 S. C. 483. Contributory negligence: 21 S. C. 541. Assumption of risk: 27 S. C. 71; 72 S. C. 346. submit: This Court will not review findings of fact — 7A S. C. 367; 91 S. C. 6; 73 S. C. 83 and 291 — unless there was an entire failure of evidence: .73 S. C. 543. Inferior Courts: Const. 1895, art. V, sec. 1; 96 S. C. 443; Code Civ. Proc., sec. 397; Civil Code, sec.…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Hydrick.
Plaintiff recovered judgment against defendant for $500 damages for personal injury under the following circumstances : Plaintiff was employed as a carpenter’s helper, and was ordered to go into an acid chamber or tower to do some work. The tower, which had not been used for some weeks, was full of rioxious and deadly gases, which were generated and run through it for the action — chemical or physical— which resulted in their coming in contact with acid which flowed down from the top of the tower over bricks placed therein in the…
2Cited by1 opinion
- Rourk v. Virginia-Carolina Chemical Co.Supreme Court of South Carolina · 1918