Legal Opinion

McLendon v. Hampton Cotton Mills

Supreme Court of South Carolina

Decided October 10, 1917No. 9818PublishedCited by 12 opinions

Before DeVore, J., Richland, Summer term, 1917. Action by H. C. McLendon, as administrator of the estate of Victor McLendon, deceased, against the Hampton Cotton Mills Company. Judgment for plaintiff, and defendant appeals. cite: As to error in not directing nonsuit on the ground that there ivas no evidence of negligence on the part of defendant: 6 Am. Negligence Rep., p. 74; 25 S. C. 29; 78 S. C. 10; 56 Am.

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Before DeVore, J., Richland, Summer term, 1917. Action by H. C. McLendon, as administrator of the estate of Victor McLendon, deceased, against the Hampton Cotton Mills Company. Judgment for plaintiff, and defendant appeals. cite: As to error in not directing nonsuit on the ground that there ivas no evidence of negligence on the part of defendant: 6 Am. Negligence Rep., p. 74; 25 S. C. 29; 78 S. C. 10; 56 Am. St. Rep. 106; 150 U. S. 262; 14 Supreme Court 619; 38 L. Ed. 434; 154 111. 141; 30 N. E. 484; 27 L. R. A. 206; 45 Am. St. Rep. 114; 90 S. E. 445; 154 Pacific 442 ; 60 Kansas 217; 56…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Hydrick.

Defendant appeals from judgment for plaintiff for $5,000' damages for the death of plaintiff’s infant son by drowning in a reservoir built by defendant for the storage of water used in the operation of its cotton mill.

Plaintiff was an employee of defendant, and resided in the mill village several hundred yards from the reservoir. In August, 1915, his little boy, Victor, who was six years, and ten months old, and several other boys were passing the reservoir, when Victor proposed to them that they climb over the fence surrounding it…

2Cases cited3 opinions

  1. Hayes v. Southern Power Co.Supreme Court of South Carolina · 1913
  2. Tucker v. Clinton Cotton MillsSupreme Court of South Carolina · 1913
  3. Tucker v. Clinton Cotton MillsSupreme Court of South Carolina · 1914

3Cited by12 opinions

  1. Sexton v. Noll Const. Co.Supreme Court of South Carolina · 1918
  2. Hancock v. Aiken Mills, Inc.Supreme Court of South Carolina · 1936
  3. Everett Ex Rel. Everett v. WhiteSupreme Court of South Carolina · 1965
  4. State v. LocksArizona Supreme Court · 1963
  5. Haithcock v. City of ColumbiaSupreme Court of South Carolina · 1920

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