Sawyer v. Marion County Lumber Co.
Supreme Court of South Carolina
Before DantzlEr, J., Marion, Ball term, 1908. Action by C. W. Sawyer against Marion County Lumber Co. Brom judgment for plaintiff, defendant appeals. cite: Injury was due to negligence of a fellow-servant: 39 S. C., 571; 75 S. C., 487; 71 S. C., 53; 74 S. C„ 419; 76 S. C., 539; 72 S. C., 264. Risk was obvious: 79 S. C., 502. Plaintiff was guilty of .contributory negligence: 46 S. C., 547; 34 S. C., 299; 72 S. C., 389. cite: Injury was caused by negligence of master: 39 S. C„…
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Before DantzlEr, J., Marion, Ball term, 1908. Action by C. W. Sawyer against Marion County Lumber Co. Brom judgment for plaintiff, defendant appeals. cite: Injury was due to negligence of a fellow-servant: 39 S. C., 571; 75 S. C., 487; 71 S. C., 53; 74 S. C„ 419; 76 S. C., 539; 72 S. C., 264. Risk was obvious: 79 S. C., 502. Plaintiff was guilty of .contributory negligence: 46 S. C., 547; 34 S. C., 299; 72 S. C., 389. cite: Injury was caused by negligence of master: 39 S. C„ 511; 81 S. C., 15; 64 S. E., 146; 71 S. C., 53; 1 McM., 385; Lab. M. & S., sec. 564a; 76 S. C., 452. Plaintiff was not…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Gary.
This is an action for damages, alleged to have been sustained by the plaintiff through the wrongful acts of the defendant.
The allegations of the complaint, material to the questions under consideration, are as follows:
“That on or about the 24th day of November, 1906, the plaintiff was in the employment of defendant as an unskilled laborer at its lumber plant, in said State and county.
“That on the same day plaintiff was ordered and directed by the defendant to take charge of and operate a machine, known as a No. 5 moulder; that…
2Cases cited1 opinion
- Leopard v. Laurens Cotton MillsSupreme Court of South Carolina · 1908