Porter v. Manufacturing Company
Supreme Court of South Carolina
Before Mauldin, J., Greenville, June, 1914. Action by Willie Porter, by his guardian ad litem, C. R. Hammett, against F. W. Poe Manufacturing Company.
Read the full summary
Before Mauldin, J., Greenville, June, 1914. Action by Willie Porter, by his guardian ad litem, C. R. Hammett, against F. W. Poe Manufacturing Company. From judgment for plaintiff, defendant appeals. submit: There is no presumption of negligence: o9 S. C. 530; 66 S. C. 256; 72 S. C. 398; 39 S. C.'39; 97 S. C. 112; 4 Rabatt, M. & S. (2d ed.) 1517, 1576; 3 Id. 1066 and 1028; 167 Mass. 588; 46 N. E. 121; 108 N. W. 53. Duty to warn: 72 S. C. 240; 55 S. C. 483; 29 Okla. 351; 116~Pac. 908. Error in charge on effect of delay: 1 Moore on Facts, sec. 550; 1 Wigmore, Ev., sec. 284; 108 Fed. 741; 47 C.…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. JuslTCE Gage.
Action for damages to the person, verdict for the plaintiff for $1,000; appeal by the defendant.
History: The plaintiff was a “sweeper” at the time of the accident, then in his eleventh year, and in his eighteenth year when the suit was begun; he got the forefinger of his right hand into the headgear of a spinning frame, and it was so lacerated that amputation was had; the gear was generally protected by a cap and the cap was elevated some four feet above the level of the factory floor; it does not admit* tedly appear whether the cap…
2Cases cited2 opinions
- Goodwin v. Columbia Mills Co.Supreme Court of South Carolina · 1908
- Owings v. Moneynick Oil MillSupreme Court of South Carolina · 1899
3Cited by2 opinions
- Sloan v. LeeSupreme Court of South Carolina · 1922
- Hopkins v. Southern Cotton Oil Co.Supreme Court of South Carolina · 1928