Legal Opinion

Dover v. Lockhart Mills

Supreme Court of South Carolina

Decided July 4, 1910No. 7602PublishedCited by 14 opinions

Before MemmingER, J., Union, January term, 1909. Action: by Joseph B. Dover -against Lockhart Mills. From judgment for defendant, plaintiff appeals. cites: Charge as to what facts made contributory negligence is error: 54 S'. C., 509; 35 S. C., 493; 25 S. C., 30; 46 S. C., 3; 57 S. C., 210. Burden of proof: 81 Col., 400; 51 S. C., 79; 17 Cyc., 754, and cases cited in note 775 ; 45 111., 375 ; 64 S. C., 311; Thompson on Neg., par. 7, 721, and note 63; 12 Ency., 1021; 59 S.…

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Before MemmingER, J., Union, January term, 1909. Action: by Joseph B. Dover -against Lockhart Mills. From judgment for defendant, plaintiff appeals. cites: Charge as to what facts made contributory negligence is error: 54 S'. C., 509; 35 S. C., 493; 25 S. C., 30; 46 S. C., 3; 57 S. C., 210. Burden of proof: 81 Col., 400; 51 S. C., 79; 17 Cyc., 754, and cases cited in note 775 ; 45 111., 375 ; 64 S. C., 311; Thompson on Neg., par. 7, 721, and note 63; 12 Ency., 1021; 59 S. C., 87. Judge should define ccm'elessness: 51 S. C., 453; 53 S. C., 449; 61 S. C., 556; 71 S. C., 156; 54 S. C., 509.…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Hydrick.

Plaintiff sought to reoover d'amages for injuries received while assisting a fellow servant in putting a belt on a pulley which was revolving very rapidly.. The belt broke and the end of it struck and hurt plaintiff’s hand. Plaintiff was 47 years of age, and- had been- working in the mill about 30 days. By the use of a lever near at hand, he could have stopped the machine and put the belt on with safety; and the person whom he was assisting testified that be told him several times to do so, but plaintiff refused, and insisted on…

2Cases cited2 opinions

  1. Wilson v. Charleston & Savannah Ry.Supreme Court of South Carolina · 1897
  2. Davis v. North Western R. R.Supreme Court of South Carolina · 1906

3Cited by14 opinions

  1. Coleman v. StevensSupreme Court of South Carolina · 1923
  2. State v. DrakefordSupreme Court of South Carolina · 1922
  3. Caldwell v. DuncanSupreme Court of South Carolina · 1910
  4. State v. LongSupreme Court of South Carolina · 1913
  5. Stogner v. Great Atlantic & Pacific Tea Co.Supreme Court of South Carolina · 1937

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