Davis v. North Western R. R.
Supreme Court of South Carolina
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
- Bodie v. Char. & West. Car. Ry. Co.Supreme Court of South Carolina · 1903
- Youngblood v. South Carolina & Georgia R. R.Supreme Court of South Carolina · 1901
3Cited by5 opinions
- Dover v. Lockhart MillsSupreme Court of South Carolina · 1910
- Lively v. American Zinc Co.Tennessee Supreme Court · 1916
- State v. LongSupreme Court of South Carolina · 1913
- Teddars v. Southern Railway Co.Supreme Court of South Carolina · 1914
- State v. LongSupreme Court of South Carolina · 1913