Legal Opinion

Cutter v. Mallard Lumber Co.

Supreme Court of South Carolina

Decided August 6, 1914No. 8913PublishedCited by 10 opinions

Before StcasK, J-, Kingstree, November, 1913. Action by Thomas B. Cutter against Mallard Lumber Company. From judgment for plaintiff, the defendant appealed. The charge of the Circuit Judge was follows : Mr. Foreman and Gentlemen of the Jury: You are judges —the sole judges of the credibility of the witnesses, and the force and effect to be given to' their testimony, and the conclusion that you may reach from that testimony.

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Before StcasK, J-, Kingstree, November, 1913. Action by Thomas B. Cutter against Mallard Lumber Company. From judgment for plaintiff, the defendant appealed. The charge of the Circuit Judge was follows : Mr. Foreman and Gentlemen of the Jury: You are judges —the sole judges of the credibility of the witnesses, and the force and effect to be given to' their testimony, and the conclusion that you may reach from that testimony. You are to give the defendant and the plaintiff a fair, square trial. You have no prejudices against either party to the transaction. For the time being you are judges in…

1Opinion of the Court

The opinion o.f the Court was delivered by

Mr. Chiee Justice Gary.

The record contains the following statement:

“This action was commenced on the 28th day of August, 1913, by service of the usual summons and the complaint hereinafter set out, and is an action for $10,000 damages, on account of personal injuries sustained by plaintiff, alleged to have been caused by defendant, failing to provide plaintiff a reasonably safe place to work, and a reasonably safe appliance to work with, in the following particulars, to wit:(a) In causing and allowing plaintiff to use a stick, for the purpose of…

2Cases cited1 opinion

  1. Branch v. Port Royal &c. Railway Co.Supreme Court of South Carolina · 1892

3Cited by10 opinions

  1. Brooks v. StateCourt of Appeals of Georgia · 1937
  2. Bunch v. American Cigar Co.Supreme Court of South Carolina · 1923
  3. Chesser v. Tyger River Pine Co.Supreme Court of South Carolina · 1930
  4. Hopkins v. Southern Cotton Oil Co.Supreme Court of South Carolina · 1928
  5. Whisenhunt v. Atlantic Coast Line R. Co.Supreme Court of South Carolina · 1940

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