Legal Opinion

Jenkins v. McCarthy

Supreme Court of South Carolina

Decided October 1, 1895PublishedCited by 10 opinions

Before Gary, J., Beaufort, February, 1895. Action by Nancy Jenkins, as administratrix of estate of Joseph Jenkins, against Justin McCarthy, for $7,000 damages, for causing death of Joseph Jenkins by carelessly and improperly driving piles, which fell upon him while at work in an excavation and instantly killed him. . Circuit Judge granted nonsuit at close of plaintiff’s testimony. From this order the plaintiff appeals.

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Pope.

This action came on for trial before his Honor, Judge Ernest Gary, and a jury, at the February term, 1895, of the Court of Common Pleas for Beaufort County, in this State.. It seems that one Joseph Jenkins, while laboring for the "defendant in making excavations between piling, at or connected with the naval dry dock at Paris Island, in the county of Beaufort, in 1894, was killed by the falling in of two piles. The plaintiff, as his widow, secured letters of administration, and under the act of the legislature of this State commenced…

2Cited by10 opinions

  1. Durst v. Southern Railway Co.Supreme Court of South Carolina · 1924
  2. Sutton v. Southern Ry.Supreme Court of South Carolina · 1909
  3. McKain v. Camden Water, Light & Ice Co.Supreme Court of South Carolina · 1911
  4. Goodwin v. Charleston & Western Carolina Ry.Supreme Court of South Carolina · 1907
  5. Milhouse, Admix. v. Stroud.Supreme Court of South Carolina · 1926

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