Cassady v. Duke Power Co.

WYCHE, Chief Judge.

This is an action seeking damages for personal injuries sustained by the plaintiff Rudy Charles Cassady resulting from alleged negligent conduct of the defendant’s agents and servants.

The case is now before me upon defendant’s motion for summary judgment.

In an affirmative defense set up in its answer the defendant contends that the South Carolina Workmen’s Compensation Act (Sections 72-1 et seq., Code of Laws of South Carolina, 1952; Section 72-111, in particular) is a bar to the maintenance of this action.

On August 27, 1956, the defendant purchased from Combustion…