Legal Opinion

Haithcock v. City of Columbia

Supreme Court of South Carolina

Decided October 11, 1920No. 10501PublishedCited by 11 opinions

Before Moore, J., Richland, Fall term, 1919. Action by W. F. Haithcock, Jr., by his guardian ad litem, W. F. Haithcock, Sr., against City of Columbia, for personal injuries.

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Before Moore, J., Richland, Fall term, 1919. Action by W. F. Haithcock, Jr., by his guardian ad litem, W. F. Haithcock, Sr., against City of Columbia, for personal injuries. From order of nonsuit, the plaintiff appeals. cite: Not necessary to establish'negligence of defendant by positive testimony: 95 S. C. 347; 98 S. C. 382; 105 S. C. 235; 14 Rich. 237. Duty, and degree of caution necessary in handling explosives particularly where children are exposed: 167 N. C. 580; 83 S. E. 826. Infant plaintiff of n years incapable of contributory negligence: 94 S. C. 375; 76 S. C. 539. Liability of…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Chief Justice Gary.

This is an action for damages, alleged to have been sustained by the plaintiff through the wrongful acts of the defendant. The appeal is from an order of nonsuit in favor of both defendants, but the defendant, Hardaway Contracting Company, was not included in the notice of appeal.

The complaint alleges:

“That on or about the 24th day of February, 1919, and long prior thereto, the defendant, City of Columbia, maintained a public playground at Erwin Park, and public ways and streets into and about said park, in close proximity to its…

2Cases cited5 opinions

  1. Irvine v. Town of GreenwoodSupreme Court of South Carolina · 1911
  2. Franks v. Southern Cotton Oil Co.Supreme Court of South Carolina · 1907
  3. Sexton v. Noll Const. Co.Supreme Court of South Carolina · 1918
  4. Stone v. City of FlorenceSupreme Court of South Carolina · 1913
  5. McLendon v. Hampton Cotton MillsSupreme Court of South Carolina · 1917

3Cited by11 opinions

  1. Hancock v. Aiken Mills, Inc.Supreme Court of South Carolina · 1936
  2. State v. City of ColumbiaSupreme Court of South Carolina · 1920
  3. Furr v. City of Rock HillSupreme Court of South Carolina · 1959
  4. Hicks v. City of ColumbiaSupreme Court of South Carolina · 1954
  5. Wright v. City of North CharlestonSupreme Court of South Carolina · 1978

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