Goodwin v. Columbia Mills Co.
Supreme Court of South Carolina
Before Prince, J, Richland, May, 1907. Action by John Goodwin, by guardian, against Columbia Mills Co. Prom judgment for plaintiff, defendant appeals. cite: Plaintiff knew the danger and cannot recover in absence of negligence: 41 Atl., 65; 105 N. Y., 37; 6 R. R. A., 735; 44 R. R. A., 61. Child under 14 cannot recover for injuries received from what he knew to be dangerous: 1 Thomp. on Neg., secs. 306-12; 3 Ibid, sec. 4095. As to assumption of risks: 76 S. C, 452; 65 S. C,…
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Before Prince, J, Richland, May, 1907. Action by John Goodwin, by guardian, against Columbia Mills Co. Prom judgment for plaintiff, defendant appeals. cite: Plaintiff knew the danger and cannot recover in absence of negligence: 41 Atl., 65; 105 N. Y., 37; 6 R. R. A., 735; 44 R. R. A., 61. Child under 14 cannot recover for injuries received from what he knew to be dangerous: 1 Thomp. on Neg., secs. 306-12; 3 Ibid, sec. 4095. As to assumption of risks: 76 S. C, 452; 65 S. C, 192; 70 S. C., 471; 72 S. C., 237, 265, 346; 55 S. C., 483. As to contributory negligence disclosed by plaintiff's…
1Opinion of the Court
May 25, 1908. The opinion of the Court was delivered by The defendant appeals from a judgment of twenty-five hundred dollars for personal injuries suffered by the plaintiff while employed in defendant's mill.
The first exception assigns error in the refusal to grant a nonsuit. The testimony on the part of the plaintiff and the defendant could not have been more conflicting as to the cause of the accident. The plaintiff, a negro boy between twelve and thirteen years of age at the time, was employed as a floor sweeper in defendant's mill. He alone testified in his behalf as to the circumstances…
2Cases cited1 opinion
- Tucker v. Buffalo Cotton MillsSupreme Court of South Carolina · 1907
3Cited by6 opinions
- Crawford v. Charleston-Isle of Palms Traction Co.Supreme Court of South Carolina · 1923
- Cumming v. LawrenceSupreme Court of South Carolina · 1911
- Jacobs v. Atlantic Coast Line R.Supreme Court of South Carolina · 1928
- Porter v. Manufacturing CompanySupreme Court of South Carolina · 1912
- Ghaner v. Leaphart Lumber Co.Supreme Court of South Carolina · 1910
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