Legal Opinion

Davis v. North Western R. R.

Supreme Court of South Carolina

Decided October 19, 1906PublishedCited by 5 opinions

Before Watts, J., Clarendon, October, 1905. Action by Carter Davis against Northwestern Railroad Co. From judgment for plaintiff, defendant appeals. cites: Master is required to furnish only reasonably safe appliances: Pierce on R. R., 370; Patterson on Ry. Accd.

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Before Watts, J., Clarendon, October, 1905. Action by Carter Davis against Northwestern Railroad Co. From judgment for plaintiff, defendant appeals. cites: Master is required to furnish only reasonably safe appliances: Pierce on R. R., 370; Patterson on Ry. Accd. Daw1, sec. 285; 70 S. C, 470; 51 S. C, 306; 69 S. C, Í09. Appliances should be reasonably safe and'not of the kind ordinarily in use: 72 S. C„ 411. cites: Charge construed as a vdhole did not instruct jury that appliances must be absolutely safe: 52 S. C., 443. What other railroads ordinarily ;use is competent on question of-care: 51…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Jones.

-,The plaintiff recovered judgment in this action for damages for alleged negligence of defendant in furnishing unsafe and unsuitable cars and appliances, whereby he -was injured while-unloading cross-ties as an employee of defendant. .

The exceptions assign error in the charge to the jury. The first and second exceptions complain because the Court charged plaintiff’s seventh and eighth requests as follows:

1 “7. I charge you- that it is the duty of the railroad to provide safe and suitable machinery "for the use of its operatives; and…

2Cases cited2 opinions

  1. Bodie v. Char. & West. Car. Ry. Co.Supreme Court of South Carolina · 1903
  2. Youngblood v. South Carolina & Georgia R. R.Supreme Court of South Carolina · 1901

3Cited by5 opinions

  1. Dover v. Lockhart MillsSupreme Court of South Carolina · 1910
  2. Lively v. American Zinc Co.Tennessee Supreme Court · 1916
  3. State v. LongSupreme Court of South Carolina · 1913
  4. Teddars v. Southern Railway Co.Supreme Court of South Carolina · 1914
  5. State v. LongSupreme Court of South Carolina · 1913

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