Legal Opinion

Booth v. J. G. White Engineering Co.

Supreme Court of South Carolina

Decided August 27, 1915No. 9182PublishedCited by 3 opinions

Before DeVorE, J., Winnsboro, ■ Action by James W. Booth against J. G. White Engineering Company. From judgment for plaintiff, defendant appeals, on the following exceptions: Exception 1. Because his Honor, the presiding Judge, erred in failing to sustain the motion of the defendant for nonsuit and direction of verdict on the ground that the act of the defendant’s servant, Hensinger, was without the scope of his employment, when the only reasonable deduction to be drawn from…

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Before DeVorE, J., Winnsboro, ■ Action by James W. Booth against J. G. White Engineering Company. From judgment for plaintiff, defendant appeals, on the following exceptions: Exception 1. Because his Honor, the presiding Judge, erred in failing to sustain the motion of the defendant for nonsuit and direction of verdict on the ground that the act of the defendant’s servant, Hensinger, was without the scope of his employment, when the only reasonable deduction to be drawn from the testimony was that Hensinger, when he shot Booth, was acting without the limit of the authority extended to him by…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Hydrick.

Defendant appeals from judgment for plaintiff for $2,400 actual and punitive damages, recovered under these circumstances : Defendant was engaged in building a dam across Broad River, at Parr Shoals, in Fairfield county. For the convenience of its employees, defendant ran a mess hall, at which between two and three hundred of its employees, plaintiff among them, were furnished meals, the pay therefor being taken out of their wages. George Plensinger was employed by defendant as steward of the mess hall. At the midday meal, on…

2Cases cited5 opinions

  1. New Orleans & Northeastern Railroad v. JopesSupreme Court of the United States · 1891
  2. Morris v. PlattSupreme Court of Connecticut · 1864
  3. Paxton v. BoyerIllinois Supreme Court · 1873
  4. Shaw v. LordSupreme Court of Oklahoma · 1914
  5. Jackson v. Southern Ry.Supreme Court of South Carolina · 1907

3Cited by3 opinions

  1. Bartosh v. BanningCalifornia Court of Appeal · 1967
  2. Poston v. Home Ins. Co. of New YorkSupreme Court of South Carolina · 1939
  3. Driggers v. Atlantic Coast Line R.Supreme Court of South Carolina · 1928

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