Barnhill v. Cherokee Falls Manufacturing Co.
Supreme Court of South Carolina
Before Shipp, J., Cherokee, Kail term. Action by John W. Barnhill, administrator, against the Cherokee Kalis Manufacturing Company. Judgment of nonsuit, and plaintiff appeals. Mr. Speer cites: As to assumption of risk: 18 R. C. R. 694; 34 Sup. Ct. 229; 34 Sup.
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Before Shipp, J., Cherokee, Kail term. Action by John W. Barnhill, administrator, against the Cherokee Kalis Manufacturing Company. Judgment of nonsuit, and plaintiff appeals. Mr. Speer cites: As to assumption of risk: 18 R. C. R. 694; 34 Sup. Ct. 229; 34 Sup. Ct. 639-40; 96 S. E. 553; 91 S. E. (N..C.) 591; 72 S. E. 828; 85 S. E. 231. Where the testimony is susceptible of more than one inference the case mttst be submitted to the jury: 95 S. E. (S. C.) 79. cite: As to assumption of risk: 114 Minn. 257; 130 N. W. 1104; 80 S. C. 232; 55 S. C. 483 ; 72 S. C. 237; 104 S. C. 452; 102 S. C. 96; 107…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Hydrick.
This is an action for damages for the wrongful death of plaintiff’s intestate, Casper Barnhill, while emplo)^ed by defendant. One end of defendant’s dam on Broad River had been washed away, and Barnhill and other laborers were carrying stones in wheelbarrows from the opposite side of the river across the dam, the top of which was 12 feet wide, to repair the breach. The dam was about 4 feet lower than the river bank, and a gangway was constructed of two pieces of timber, 10 inches wide and 16 feet long, laid side by side, with one…
2Cases cited1 opinion
- McKee v. TourtellotteMassachusetts Supreme Judicial Court · 1896
3Cited by17 opinions
- Bunch v. American Cigar Co.Supreme Court of South Carolina · 1923
- Kell v. Rock Hill Fertilizer Co.Supreme Court of South Carolina · 1923
- Gowns v. Watts MillSupreme Court of South Carolina · 1926
- Berry v. Dillon MillsSupreme Court of South Carolina · 1922
- Chesser v. Tyger River Pine Co.Supreme Court of South Carolina · 1930
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