Lowe v. Southern Ry.
Supreme Court of South Carolina
Before Memminger, J., Spartanburg, March term, 1909. Action by Larry E. Lowe, by guardian, against Southern Ry. From judgment for plaintiff, defendant appeals. cite: Ruling out writing was error: 1 Moore on Facts, sec. 666; 18 S. C., 508. N. C. Statute does not take away defense of contributory negligence: 52 S. F., 129; 32 S. F., 679; 47 S. F., 466; 58 S. C., 495; 77 S. C., 344. When servant performing dangerous work is guilty of contributory negligence: 26 Cyc., 1236,…
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Before Memminger, J., Spartanburg, March term, 1909. Action by Larry E. Lowe, by guardian, against Southern Ry. From judgment for plaintiff, defendant appeals. cite: Ruling out writing was error: 1 Moore on Facts, sec. 666; 18 S. C., 508. N. C. Statute does not take away defense of contributory negligence: 52 S. F., 129; 32 S. F., 679; 47 S. F., 466; 58 S. C., 495; 77 S. C., 344. When servant performing dangerous work is guilty of contributory negligence: 26 Cyc., 1236, 1239, 1241 1248, 1251; 26 S. F., 23; 82 S. C., 549; 1 Labatt, 442. cite: Comparison of handzvritings: 17 Cyc., 167; 41 S.…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. ChiEE Justice Jones.
On May 6, 1907, while in the employment of the defendant company and engaged in doing carpenter work with a bridge force in repairing a chute for supplying coal to the Cannon Manufacturing Company at Concord, N. C., plaintiff was directed by the defendants’ foreman to hand up a piece of timber to a man on the chute.
The complaint alleged that while carrying out the orders of his superior he fell under the weight of the timber, the same breaking his left arm and otherwise bruising and injuring him. It was alleged that the injury…
2Cases cited10 opinions
- Bodie v. Charleston & Western Carolina Ry. Co.Supreme Court of South Carolina · 1901
- Coley v. North Carolina RailroadSupreme Court of North Carolina · 1901
- Coley v. North Carolina RailroadSupreme Court of North Carolina · 1901
- Hicks v. Southern Ry.Supreme Court of South Carolina · 1902
- Drum v. . MillerSupreme Court of North Carolina · 1904
5 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Grossnickle v. AveryIndiana Court of Appeals · 1926
- McBrayer v. Virginia-Carolina Chemical Co.Supreme Court of South Carolina · 1911
- Whisenhunt v. Atlantic Coast Line R. Co.Supreme Court of South Carolina · 1940
- Hunter v. D. W. Alderman & Sons Co.Supreme Court of South Carolina · 1911
- Neal v. ClarkSupreme Court of South Carolina · 1941
2 more not listed; retrieve them via the Exa API.