Legal Opinion

Dixon v. Chiquola Manufacturing Co.

Supreme Court of South Carolina

Decided July 27, 1910No. 7640PublishedCited by 9 opinions

Before Shipp, J., Anderson, February, 1909. Action' by C. W. Dixon against Chiquola Manufacturing Co. From order of nonsuit, plaintiff appeals. cite: Assumption of risks, not pleaded, cannot be relied on by defendant: 73 S. C., 503. Servant is not bound to know of latent defect: 72 S-. C., 411. What is scope of employment here? 26 Cyc., 1090. Rule not used becomes abrogated: 42 S. F., 913; 139 N. C., 528; 68 S. C., 55. Duty of inspection: 68 S. C., 55; 72 S. C., 264; 66 S.…

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Before Shipp, J., Anderson, February, 1909. Action' by C. W. Dixon against Chiquola Manufacturing Co. From order of nonsuit, plaintiff appeals. cite: Assumption of risks, not pleaded, cannot be relied on by defendant: 73 S. C., 503. Servant is not bound to know of latent defect: 72 S-. C., 411. What is scope of employment here? 26 Cyc., 1090. Rule not used becomes abrogated: 42 S. F., 913; 139 N. C., 528; 68 S. C., 55. Duty of inspection: 68 S. C., 55; 72 S. C., 264; 66 S. C., 302; 14 S. E„ 367; 26 Cyc., 1277; 15 S,. C., 443; 65 S. C., 192; 18 S. C., 275; 66 S. C., 482; 71 S. C., 79; 72 S.…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Gary.

This is an action for damages alleged to have been sustained by the plaintiff through the negligence of the defendant.

The allegations of the complaint, material to the questions involved, are as follows:

“That at the times hereinafter mentioned plaintiff was working in the weave room of the defendant, which is situated on the first floor of its cotton mill. Defendant had installed in this room a system of pipes, which connect with the boiler and which distribute steam over the said room, when the humidifiers need assistance, to preserve…

2Cases cited2 opinions

  1. Jennings v. Edgefield Mfg. Co.Supreme Court of South Carolina · 1905
  2. Roach v. Haile Gold Mining Co.Supreme Court of South Carolina · 1905

3Cited by9 opinions

  1. Thornhill v. Davis, Director GeneralSupreme Court of South Carolina · 1922
  2. Pelfrey v. Oconee CountySupreme Court of South Carolina · 1945
  3. Holmes v. Davis, Dir. Gen.Supreme Court of South Carolina · 1923
  4. Hopkins v. Southern Cotton Oil Co.Supreme Court of South Carolina · 1928
  5. Daigle v. MoodyLouisiana Court of Appeal · 1932

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