Leopard v. Beaver Duck Mills
Supreme Court of South Carolina
Before Prince, J., Greenville, February, 1921. Action by T. L. Leopard against Beaver Duck Mills. From directed verdict for defendant the plaintiff appeals. cite: Plaintiff entitled to benefit of testimony of defendant's witnesses: 110 S. C., 565. Test of who was representative of the master: 107 S. C., 16; 18 S. C., 270; 18 R. C. L., 735, 744; 89 S. C., 507; 95 S. C., 149; 96 S. C., 154; 66 S. C., 485; 55 S. C., 102; 102 S. C., 223. Servant is aw appliance: 63 S. C., 559;…
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Before Prince, J., Greenville, February, 1921. Action by T. L. Leopard against Beaver Duck Mills. From directed verdict for defendant the plaintiff appeals. cite: Plaintiff entitled to benefit of testimony of defendant's witnesses: 110 S. C., 565. Test of who was representative of the master: 107 S. C., 16; 18 S. C., 270; 18 R. C. L., 735, 744; 89 S. C., 507; 95 S. C., 149; 96 S. C., 154; 66 S. C., 485; 55 S. C., 102; 102 S. C., 223. Servant is aw appliance: 63 S. C., 559; 70 S. C., 315; 114 S. C., 349. No- assumption of risk without knowledge: 72 S. C., 420 ; 80 S. C.,. 248; 84 S.C., 283; 99…
1DissentJustice Cothran
(dissenting.) : I think the facts and the law of this case thoroughly justify the action of Judge Prince in directing a verdict in favor of the defendant upon the grounds stated by him.
The facts are these: The defendant owns and operates a cotton mill at Greenville. Its principal officers were Moody, superintendent; Meredith, boss carder, and two section hands, E. H. Atkins and his brother, Bowen Atkins. The duty of E. H. Atkins as a section hand was to direct the hands in his section in the operation of the cards. Along with this'duty was that of card grinder, a manual service. On the…
2Cases cited36 opinions
- Flike v. . Boston and Albany R.R. Co.New York Court of Appeals · 1873
- Northern Pacific Railroad v. PetersonSupreme Court of the United States · 1896
- Fuller v. . JewettNew York Court of Appeals · 1880
- Central Railroad Company v. KeeganSupreme Court of the United States · 1895
- Alaska Treadwell Gold Min. Co. v. WhelanSupreme Court of the United States · 1897
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