McKain v. Camden Water, Light & Ice Co.
Supreme Court of South Carolina
Before DrVor]?, J., Kershaw, July term, 1910. Action by Nannie M. McKain, administratrix of Richard N. McKain, against Camden Water, Light & Ice Company.
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Before DrVor]?, J., Kershaw, July term, 1910. Action by Nannie M. McKain, administratrix of Richard N. McKain, against Camden Water, Light & Ice Company. Plaintiff appeals on the following exceptions: 1. “In refusing to allow the question: ‘Was that protected ?’ alluding to crank which came within two inches of a guard surrounding fly wheel' — the error of law being found: (a) In refusing to allow witness to testify as to an allegation of negligence, the unguarded condition of fly wheel, it being for the jury to determine whether the protection of the crank would not also have been a…
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 on account of the wrongful acts of the defendant, causing the death of plaintiff’s intestate.
The allegations of the complaint, material to the questions involved, are are follows:
“That on or about the 30th day of July, A. D. 1906, and some time prior thereto, the plaintiff’s intestate was1 engaged as a servant and employee by the defendant, and was at the time hereinafter mentioned, acting within the scope of his employment.
“That it was the duty of plaintiff’s intestate, to…
2Cases cited5 opinions
- Youngblood v. South Carolina & Georgia R. R.Supreme Court of South Carolina · 1901
- Spires v. South Bound RailroadSupreme Court of South Carolina · 1896
- Bryce v. CayceSupreme Court of South Carolina · 1902
- Jenkins v. McCarthySupreme Court of South Carolina · 1895
- Powers v. Standard Oil Co.Supreme Court of South Carolina · 1898
3Cited by8 opinions
- Ellison v. SimmonsSupreme Court of South Carolina · 1961
- State v. CrowleySupreme Court of South Carolina · 1955
- Taylor v. Winnsboro MillsSupreme Court of South Carolina · 1928
- Milhouse, Admix. v. Stroud.Supreme Court of South Carolina · 1926
- Piner v. Standard Oil CompanySupreme Court of South Carolina · 1931
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