Davis v. Charleston & Western Carolina Ry.
Supreme Court of South Carolina
Before Ellis G. Graydon, special Judge, Laurens, December, 1904. Action by Annie C. Davis against Charleston and Western Carolina Railway Co. From order of nonsuit, plaintiff appeals. (no argument for reporter). cite: No proof of negligence: 66 S. C., 25669 S. C., 529.
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Woods.
The complaint alleged the explosion of a boiler owned by defendant and operated at a coal chute on its right of way, by which th'e boiler, hot water, steam, cinders, gravel and mud were thrown upon plaintiff’s premises, knocking down his fence and causing other damage to the amount of one hundred and fifty dollars. It was charged that the explosion was due to the negligence of the plaintiff in operating “an old, worn-out and defective boiler.” A nonsuit was granted on the grounds, (1) that there was not evidence to establish that the…
2Cases cited1 opinion
- Gregory v. LaytonSupreme Court of South Carolina · 1892