Legal Opinion

Treadway v. Union Buffalo Mills Co.

Supreme Court of South Carolina

Decided October 23, 1909No. 7336PublishedCited by 7 opinions

Before Klugh, J., Union, Action by Dora Estelle Treadway, administratrix of Joseph Treadway, against Union Buffalo Mills Company, A. B. Brannon and Joseph West. From judgment for plaintiff, defendant, Mills Company, appeals. cite: Evidence as to financial condition of intestate incompetent: 38 S. C., 199. Law presumes contract is made in lucid moment: 16 Ency., 606; 22 Cyc., 120$; 27 Am. Dig., 2640, 2462, 2463; 36 L. R. A., 721; 35 E. R. A., 119; 49 S. E., 126; 52 Am.

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Before Klugh, J., Union, Action by Dora Estelle Treadway, administratrix of Joseph Treadway, against Union Buffalo Mills Company, A. B. Brannon and Joseph West. From judgment for plaintiff, defendant, Mills Company, appeals. cite: Evidence as to financial condition of intestate incompetent: 38 S. C., 199. Law presumes contract is made in lucid moment: 16 Ency., 606; 22 Cyc., 120$; 27 Am. Dig., 2640, 2462, 2463; 36 L. R. A., 721; 35 E. R. A., 119; 49 S. E., 126; 52 Am. R., 322. Proof of mental incapacity must be clearly made out: 3 Brev., 469; 8 Rich. Eq., 286; 4 McC., 107; 65 S. C., 558; 2…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Chiee Justice Jones.

Joseph Treadway, while in the employment of defendant company, on February 19, 1907, was so injured by the fall of an elevator, operated by him, that he died on June 15, 1907.

His administratrix, the plaintiff, brought this action to recover damages, alleging negligence of defendant -in failing to equip and maintain said elevator with safe and suitable ropes and clamps, and in failing to warn intestate of its defective and unsafe condition. The defendant company answered, and in addition to general denial and pleas of assumption…

2Cases cited3 opinions

  1. Levister v. Southern Ry. Co.Supreme Court of South Carolina · 1900
  2. Riggs v. Home Mutual Fire Protection Ass'nSupreme Court of South Carolina · 1901
  3. Price v. Richmond, C., Railroad CompanySupreme Court of South Carolina · 1893

3Cited by7 opinions

  1. Gomillion v. FORSYTHESupreme Court of South Carolina · 1950
  2. Green v. SparksSupreme Court of South Carolina · 1958
  3. Hamilton Ridge Lumber Corp. v. Boston InsuranceSupreme Court of South Carolina · 1925
  4. Harrison v. Southern Railway Co.Supreme Court of South Carolina · 1925
  5. Fayssoux v. Seaboard Air Line Ry.Supreme Court of South Carolina · 1918

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