Legal Opinion

Sexton v. Noll Const. Co.

Supreme Court of South Carolina

Decided January 28, 1918No. 9873PublishedCited by 24 opinions

Before Rice, J., Spartanburg, Spring term, 1916. Action by Joseph Sexton, an infant, by his guardian ad litem. Judgment on verdict for plaintiff, and defendant appeals. submit: In this case, where the injury was ■inflicted upon the private premises of the defendant, an entirely different rule, from that in cases where the instrumentality inflicting the injury was located in close proximity to the highway, applies: R. R. A., 1916b, 947. Under the allegations of the complaint…

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Before Rice, J., Spartanburg, Spring term, 1916. Action by Joseph Sexton, an infant, by his guardian ad litem. Judgment on verdict for plaintiff, and defendant appeals. submit: In this case, where the injury was ■inflicted upon the private premises of the defendant, an entirely different rule, from that in cases where the instrumentality inflicting the injury was located in close proximity to the highway, applies: R. R. A., 1916b, 947. Under the allegations of the complaint and the evidence there can be no liability to the plaintiff unless it arises under the “doctrine of an attractive…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Chiee Justice Gary.

This is an action for damages, alleged to have been sustained by the plaintiff, an infant. The allegations of the complaint, material to the questions involved, are as follows :

“That on or about the 4th day of September, 1914, the defendant had in its possession, use, and control a metal pot, tank, or receptacle containing melted asphalt, which it was necessary to maintain in a melted condition. That said receptacle was on a vacant lot near South Church street, one of the much traveled and public streets of the city of…

2Cases cited7 opinions

  1. Tucker v. Buffalo Cotton MillsSupreme Court of South Carolina · 1907
  2. Franks v. Southern Cotton Oil Co.Supreme Court of South Carolina · 1907
  3. Hayes v. Southern Power Co.Supreme Court of South Carolina · 1913
  4. McLendon v. Hampton Cotton MillsSupreme Court of South Carolina · 1917
  5. Tucker v. Clinton Cotton MillsSupreme Court of South Carolina · 1913

2 more not listed; retrieve them via the Exa API.

3Cited by24 opinions

  1. Bertha Preston Darter and O.L. Darter v. Greenville Community Hotel CorporationCourt of Appeals for the Fourth Circuit · 1962
  2. Walston v. GreeneSupreme Court of North Carolina · 1958
  3. Timmons v. Williams Wood Products Corp.Supreme Court of South Carolina · 1932
  4. Tyler v. WeedMichigan Supreme Court · 1938
  5. Hancock v. Aiken Mills, Inc.Supreme Court of South Carolina · 1936

19 more not listed; retrieve them via the Exa API.

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