Padgett v. Seaboard Air Line Ry.
Supreme Court of South Carolina
Before Spain, J., Lexington, February, 1914. Action by Clara V. Padgett, as administratrix of the estate of Lewis H. Padgett, deceased, against Seaboard Air Line Railway. From a judgment for plaintiff, • defendant appeals. The facts are stated in the opinion. The exception to the charge on the defense of assumption of risks was as follows: XII.
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Before Spain, J., Lexington, February, 1914. Action by Clara V. Padgett, as administratrix of the estate of Lewis H. Padgett, deceased, against Seaboard Air Line Railway. From a judgment for plaintiff, • defendant appeals. The facts are stated in the opinion. The exception to the charge on the defense of assumption of risks was as follows: XII. That his Plonor erred in charging plaintiff’s requests, numbered six and eleven, as follows: “6.' The servant by virtue of his employment assumes all the ordinary risks and hazards of his employment, and as this case is governed by the Federal…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Fraser.
Lewis H. Padgett was an engineer on the Seaboard Air Line Railway. He had been running a freight train, but in the first part of January, 1913, he was promoted to the passenger service, and was given a run between Columbia, S. C., and Savannah, Ga., and so was engaged in interstate cona*371merce. When the train reached Columbia, the engine was detached and carried to the yard at Cayce, a station near Columbia. The engineer ran his engine into the yard near the roundhouse and left it upon a siding in the j^ard. Pie left his engine aboút…
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