Green v. Catawba Power Co.
Supreme Court of South Carolina
Action by Ben Green against Catawba Power Co. Prom judgment for plaintiff, defendant appeals. cite: Adaptation of implements to the work in hand is duty of the servant. 20 Ency., 87; 2 Eabatt on M. & S., sec. 832; 4 Thomp. on Neg., 4004; Bail, on Per. Inj., M. & S., sec. 1605; Wood on M. & S., sec. 346; 10 N. E., 314; 160 Mass., 152; 47 N. Y. Supp., 630. Adjustment setting up and guying the jim-pole was a duty resting on plaintiff and those using the pole: 1 Shear. & Red.
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Action by Ben Green against Catawba Power Co. Prom judgment for plaintiff, defendant appeals. cite: Adaptation of implements to the work in hand is duty of the servant. 20 Ency., 87; 2 Eabatt on M. & S., sec. 832; 4 Thomp. on Neg., 4004; Bail, on Per. Inj., M. & S., sec. 1605; Wood on M. & S., sec. 346; 10 N. E., 314; 160 Mass., 152; 47 N. Y. Supp., 630. Adjustment setting up and guying the jim-pole was a duty resting on plaintiff and those using the pole: 1 Shear. & Red. Neg., sec. 195; 20 Ency., 82; 21 N. W., 269; 104 Fed. R., 955; Eabatt on M. & S., secs. 612-3; 4 Thomp. on Neg., sec.…
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 plaintiff, in consequence of the falling of a battle-post which 'he was assisting to raise and place in position, as a part of the bench: of a bridge, by means of a jim-pole.
The acts of negligence specified in the complaint are: (1) That the defendant failed to brace properly the bottom of the jim-pole, or otherwise fix it securely; (2) That it failed to warn plaintiff of the extra* hazard by reason of the erection of the jim-pole in an unsafe manner; (3) That it caused…
2Cases cited2 opinions
- Arkerson v. DennisonMassachusetts Supreme Judicial Court · 1875
- Keys v. Winnsboro Granite Co.Supreme Court of South Carolina · 1905
3Cited by3 opinions
- Sullivan v. MooreSupreme Court of South Carolina · 1910
- Bellamy v. HardeeSupreme Court of South Carolina · 1963
- Jones v. Postal Telegraph Cable Co.Supreme Court of South Carolina · 1912