Lester v. Carolina, Clinchfield & Ohio Railway
Supreme Court of South Carolina
Before Gaige, J., Spartanburg, Action by Sylvester L. Lester against Carolina, Clinch-field and Ohio Ry. of South Carolina.
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Before Gaige, J., Spartanburg, Action by Sylvester L. Lester against Carolina, Clinch-field and Ohio Ry. of South Carolina. Defendant appeals. cite: Does mere proof of breakage establish a defective condition: 66 S. C. 256; 69 S. C. 359; 72 S. C. 398, 101. cite: Failure to inspect and repair is prima facie negligence: 34 S. C. 211. Want of knowledge of defects is an affirmative defense: 35 S. C. 405; 81 S. C. 203; 63 S. C. 559; 86 S. C. 435; 90 S. C. 312; 86 S. C. 137, 410; 82 S. C. 528.
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Watts.
This was an action for damages by plaintiff, against the defendant for injuries received by plaintiff, while in the employ of defendant, by reason of the alleged negligence of defendant.
The negligence as alleged in the complaint was:
1. The handhold or step at the top of the box car was loose and insecurely fastened.
2. The defendant did not warn the plaintiff of the defective and insecure condition of the step or handhold.
3. The defendant carelessly and negligently failed to inspect the box car.
4. The defendant failed h> stop the car…
2Cases cited1 opinion
- Gilliland v. Charleston & Western Carolina Ry.Supreme Court of South Carolina · 1910
3Cited by12 opinions
- Gowns v. Watts MillSupreme Court of South Carolina · 1926
- Holmes v. Davis, Dir. Gen.Supreme Court of South Carolina · 1923
- Hopkins v. Southern Cotton Oil Co.Supreme Court of South Carolina · 1928
- Whisenhunt v. Atlantic Coast Line R. Co.Supreme Court of South Carolina · 1940
- Brazeale v. Piedmont Manufacturing Co.Supreme Court of South Carolina · 1937
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