Tucker v. Clinton Cotton Mills
Supreme Court of South Carolina
Before F. B. Gary, J., Eau-rens, July term, 1912. Action by Nannie Tucker, administratrix of Roy Tucker, ’ against Clinton Cotton Mills.
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Before F. B. Gary, J., Eau-rens, July term, 1912. Action by Nannie Tucker, administratrix of Roy Tucker, ’ against Clinton Cotton Mills. Defendant appeals. cite: There was a variance between the allegations of manner of death and proof: 47 S. C. 30; 45 S. C. 278. Law of master and servant applies: 81 S. C. 16; 83 S. C. 19; 26 Cyc. 1080, 1202, 1088, 1244; 63 S'. C. 170; 4 Ency. 46; 72 S. C. 242, 348; 80 S. C. 232; 58 S. C. 413; 29 Cyc. 542, 555. Contributory negligence: 4 Ency. 47; 14 Ency. 861; 100 Ind. 293; 28 Ind. 28; 58 S. C. 413; 76 S. C. 539. The law of emergency: 29 Cyc. 524, 446-7; 4…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Chief Justice Gary.
This is. an action for damages, alleged to' have been sustained by the plaintiff, on account of the wrongful acts of the defendant, in causing the death of her intestate son.
The allegation's of the complaint material to' the questions presented by the exceptions, are as follows:(1) “That on the 23d day of June, 1911, and prior thereto, the defendant, Clinton Cotton Mills, owned, maintained and used in connection with its cotton mill at Clinton, South Carolina, a large andl deep' dam or reservoir, which it kept filled with water,…
2Cited by11 opinions
- Sexton v. Noll Const. Co.Supreme Court of South Carolina · 1918
- Hancock v. Aiken Mills, Inc.Supreme Court of South Carolina · 1936
- McLendon v. Hampton Cotton MillsSupreme Court of South Carolina · 1917
- Terry v. RichardsonSupreme Court of South Carolina · 1923
- Hart v. Union Mfg. & Power Co.Supreme Court of South Carolina · 1930
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