Sloan v. J. G. White Engineering Co.
Supreme Court of South Carolina
Before Wilson, J., Columbia, March, 1915. Action by Lizzie Sloan, administratrix, against J. G. White Engineering Company and others. From a judgment for plaintiff, the named defendant and General Electric Company appeal.
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Before Wilson, J., Columbia, March, 1915. Action by Lizzie Sloan, administratrix, against J. G. White Engineering Company and others. From a judgment for plaintiff, the named defendant and General Electric Company appeal. The exceptions, referred to in the opinion, were as follows : The J. G. White Engineering Company and the General Electric Company presented the following exceptions : 1. His Blonor, the Circuit Judge, overruled defendants’ motion for direction of verdict based on the ground that there was no evidence of actionable negligence adduced. This constituted error: (a) In that the…
1DissentJustice Hydricic
The judgment should be reversed for error in giving plaintiff’s eighth request, which was, in part, as follows:
“The defendant who invokes the act of God as a defense has the burden of proving, not only that the' act of God caused the injury, but that it was the entire cause of the injury, and such injury could not have been prevented by the exercise of diligence, prudence, and reasonable care by the defendant.”
The burden is upon a servant, who alleges that he was injured by the negligence of his master and seeks to recover damages therefor, to prove the negligence alleged, and that it was the…
2Cases cited7 opinions
- State v. McDanielSupreme Court of South Carolina · 1904
- Fleischman, Morris & Co. v. Southern Ry.Supreme Court of South Carolina · 1907
- Wilson v. Charleston & Savannah Ry.Supreme Court of South Carolina · 1897
- Heiden v. Atlantic Coast Line R. R.Supreme Court of South Carolina · 1909
- Kennedy v. Southern Ry. Co.Supreme Court of South Carolina · 1901
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