Legal Opinion

McCarley v. Glenn-Lowry Mfg. Co.

Supreme Court of South Carolina

Decided November 23, 1906PublishedCited by 5 opinions

Before Mfmming^r, J., Newberry, December, 1905. Action by Louise A. McCarley, administratrix, against Glenn-Lowry Mfg. Co. Prom judgment for plaintiff, defendant appeals. Messrs. Johnstone & Cromer and Mower & Bynum, for appellant, cite: Cross-examination as to size of rope necessary does not come within rules of expert evidence: 59 S. C., 311; 8 Ency. P. & P., 770. Master is not required to warn servant of known danger: 55 S. C., 483; 4 Cur.

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Before Mfmming^r, J., Newberry, December, 1905. Action by Louise A. McCarley, administratrix, against Glenn-Lowry Mfg. Co. Prom judgment for plaintiff, defendant appeals. Messrs. Johnstone & Cromer and Mower & Bynum, for appellant, cite: Cross-examination as to size of rope necessary does not come within rules of expert evidence: 59 S. C., 311; 8 Ency. P. & P., 770. Master is not required to warn servant of known danger: 55 S. C., 483; 4 Cur. L., 556, 557; Wood’s L. & M. & S., 2d, 697, 713, 758. 761; 55 S. C., 100; 72 S. C., 97; 135 U. S., 570; 152 U. S., 155. Servant assumes risk in…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Chief Justice Pope.

Matthew W. McCarley was employed by the defendant, the Glenn-Lowry Manufacturing Co., to superintend its ginnery of cotton. On the 7th day of October, 1904, the said McCarley was wounded while in the employ of the defendant in its said ginnery and on the 14th day of said month and year he died.

The complaint sets forth that he left surviving him as his heirs at law and next of kin, his widow, Louise A. McCarley, and her three children, Herman, John and Moselle. Letters of administration on his estate were granted by the probate…

2Cases cited4 opinions

  1. Bodie v. Char. & West. Car. Ry. Co.Supreme Court of South Carolina · 1903
  2. State v. MartinSupreme Court of South Carolina · 1896
  3. Garrett v. WeinbergSupreme Court of South Carolina · 1900
  4. Jones Bros. v. HiersSupreme Court of South Carolina · 1900

3Cited by5 opinions

  1. Bailey v. SmithSupreme Court of South Carolina · 1925
  2. MacE v. BERRYSupreme Court of South Carolina · 1954
  3. Lorick v. Seaboard Air Line RailwaySupreme Court of South Carolina · 1915
  4. Moody v. Dillon Co.Supreme Court of South Carolina · 1947
  5. Rodgers v. HodgeSupreme Court of South Carolina · 1909

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