McBrayer v. Virginia-Carolina Chemical Co.
Supreme Court of South Carolina
Before W. B; Gruber, Special Judge, Cherokee, June term, 1910. Action 'by Joseph McBrayer against Virginia-Carolina Chemical Company. Plaintiff appeals.
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Before W. B; Gruber, Special Judge, Cherokee, June term, 1910. Action 'by Joseph McBrayer against Virginia-Carolina Chemical Company. Plaintiff appeals. Mr. Hardin cites: Qioestion of negligence of defendant is res judicata: 43 S. C. 221, 246 ; 45 S. C. 319; 60 S. C. • 58. Judge could not lawfully hold that the contributory negligence of plaintiff or his assumption of risks was the proximate cause of his injury: 44 S. C. 317; 86 S. C. 534. Nor could he so hold under the evidence: 82 S. C. 549; 84 S. C. 364; 97 Am. St. R. 877; 1 Labatt 1237, 1052, note bb., 1239. 'Under facts here doctrine of…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Hydrick.
Plaintiff was injured while working in defendant’s fertilizer factory. At the time of his injury, he was engaged1 with other laborers in' digging down a large pile of material composed of ground phosphate rock mixed with sulphuric acid. The pile was from 25 to 30 feet high and about 100 feet long, and originally shaped somewhat like a Railroad fill or embankment with sloping sides, the loose material being dumped on it from above. Owing to a difference in the character of the phospate rock used, some parts of the pile were dense and…
2Cases cited8 opinions
- McKee v. TourtellotteMassachusetts Supreme Judicial Court · 1896
- Mew v. Charleston &. Savannah Ry. Co.Supreme Court of South Carolina · 1899
- Stephens v. Southern RailwaySupreme Court of South Carolina · 1902
- Bussey v. Charleston & Western Car. Ry. CoSupreme Court of South Carolina · 1898
- Martin v. Royster Guano Co.Supreme Court of South Carolina · 1905
3 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Nuckolls v. Great Atlantic & Pacific Tea Co.Supreme Court of South Carolina · 1939
- Barnwell v. ELLIOTTSupreme Court of South Carolina · 1954
- McGuire v. SteinbergSupreme Court of South Carolina · 1937
- Jackson v. PoweSupreme Court of South Carolina · 1962
- Tuttle v. HanckelSupreme Court of South Carolina · 1936
3 more not listed; retrieve them via the Exa API.