Legal Opinion

Brabham v. American Telephone & Telegraph Co.

Supreme Court of South Carolina

Decided March 8, 1905PublishedCited by 24 opinions

Before George E. Prince, special Judge, Barnwell, Action by B. J. Brabham', Jr., against American Telephone and Telegraph Co. and Leonard Handberry.

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Before George E. Prince, special Judge, Barnwell, Action by B. J. Brabham', Jr., against American Telephone and Telegraph Co. and Leonard Handberry. From order sustaining demurrer, plaintiff appeals. cite: A general averment of negligence in the act complained of is sufficient: 14 Ency., 334, 333; 35 S. C., 384. Handberry zms agent of defendant company and it is liable for Ms acts: 22 S. C., 557; 39 S. C., 507; 51 S. C., 79. cite: No acts of defendants are alleged zvhick zvere negligent, and Handberry and plaintiff were fellow-servants: 26 S. C., 491; 29 S. C., 100; 23 S. C., 287; 44 S. C.,…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Jones.

The Circuit Court, Hon. G. E. Prince, special Judge, sustained a demurrer to' the complaint herein for insufficiency, ho which appellant excepts.

The complaint, after stating that the defendant, American Telephone and Telegraph Co'., is a corporation operating a system of telephone and telegraph wires through the county of Barnwell, S. C., and that the defendant, Handberry, at the times thereinafter mentioned, was an agent of the defendant toi superintend and direct the working of laborers upon its line, known as the right of way gang,…

2Cases cited1 opinion

  1. Jenkins v. Richmond &c. RailroadSupreme Court of South Carolina · 1893

3Cited by24 opinions

  1. Commonwealth v. ScoleriSupreme Court of Pennsylvania · 1960
  2. Tucker v. Buffalo Cotton MillsSupreme Court of South Carolina · 1907
  3. Kell v. Rock Hill Fertilizer Co.Supreme Court of South Carolina · 1923
  4. Lyon v. Charleston & Western Carolina Ry.Supreme Court of South Carolina · 1907
  5. James v. Fountain Inn Mfg. Co.Supreme Court of South Carolina · 1908

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