Legal Opinion

Johnson v. Atlantic Coast Line Ry. Co.

Supreme Court of South Carolina

Decided June 23, 1919No. 10205PublishedCited by 3 opinions

Before Whaley, County Judge, Richland, - term, -. Action by Calvin Johnson against the Atlantic Coast Line Railway Company. Judgment for defendant, and plaintiff appeals. submits: The proximate cause of an injury is for the jury: 68 S. C. 55; 106 S. C. 220. No difference is made between large or small tools or appliances: State Const. 1895, article IX, sec. 15; S. C. Stats, of 1916, p. 970; Fed.

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Before Whaley, County Judge, Richland, - term, -. Action by Calvin Johnson against the Atlantic Coast Line Railway Company. Judgment for defendant, and plaintiff appeals. submits: The proximate cause of an injury is for the jury: 68 S. C. 55; 106 S. C. 220. No difference is made between large or small tools or appliances: State Const. 1895, article IX, sec. 15; S. C. Stats, of 1916, p. 970; Fed. Stats. 1908.- The master is liable for any injury caused proximately by a defective tool or appliance, and proximate cause of an injury is for the jury: 109 S. C. 125; 95 S. E. 343; 107 S. C. 523. The…

1Opinion of the Court

June 23, 1919. The opinion of the Court was delivered by This is an action for damages, arising from the alleged negligence of the defendant, causing the loss of plaintiff's eye.

The allegations of the complaint are as follows:

"That on May 28, 1917, the plaintiff was in the employ of the defendant, engaged in repairing a track for the defendant at defendant's passenger depot, at Sumter, under Foreman Henry De Berry, and the defendant, its officers, agents, and servants, negligently and recklessly furnished this plaintiff a very worn, defective, and unsafe cold-chisel and hammer, and…

2Cases cited2 opinions

  1. Branch v. Port Royal &c. Railway Co.Supreme Court of South Carolina · 1892
  2. Richardson v. Union Seed & Fertilizer Co.Supreme Court of South Carolina · 1919

3Cited by3 opinions

  1. Benford v. Berkeley Heating Co.Supreme Court of South Carolina · 1972
  2. Johnson v. Atlantic Coast Line R. R.Supreme Court of South Carolina · 1921
  3. Micale v. PumphretMassachusetts District Court, Appellate Division · 1944

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