Wofford v. Clinton Cotton Mills
Supreme Court of South Carolina
Before Ellis G. Graydon, special Judge, Laurens, November, 1904. Action by J. M. Wofford against Clinton Cotton Mills. Erom judgment for plaintiff, defendant appeals. cite: Plaintiff cannot recover because he knew the danger: 55 S. C., 488. Plaintiff waived liability of defendant by con^ tinuing in employment after knowledge of machine: 21 S. C., 541; Wood on M. & S., 335; 55 S. C, 488; 44 S. C., 442; 2 Thomp.
Read the full summary
Before Ellis G. Graydon, special Judge, Laurens, November, 1904. Action by J. M. Wofford against Clinton Cotton Mills. Erom judgment for plaintiff, defendant appeals. cite: Plaintiff cannot recover because he knew the danger: 55 S. C., 488. Plaintiff waived liability of defendant by con^ tinuing in employment after knowledge of machine: 21 S. C., 541; Wood on M. & S., 335; 55 S. C, 488; 44 S. C., 442; 2 Thomp. Neg., 1008. Negligence is not want of due care, but want of ordinary care: 15 S. C., 456; 16 Ency., 389; 66 S. C., 524. Verdict contrary to charge should be set aside: 68 S. C., 50; 16…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Woods.
The plaintiff, an employee of the defendant cotton mill, recovered a verdict of $200 for the loss of his hand while attending a speeder-frame in the mill. The important question is whether the motion for nonsuit, which was refused by the Circuit Court, should have been granted, on the ground that the plaintiff assumed the risk of the character of the machine, and of the work in which he was engaged, when the accident occurred. The case rested on these facts. The plaintiff was required to clean the floor under the machine with a cloth,…
2Cases cited5 opinions
- Boisseau v. FullerSupreme Court of Virginia · 1898
- Mew v. Charleston &. Savannah Ry. Co.Supreme Court of South Carolina · 1899
- Virginia-Carolina Chemical Co. v. KirvenSupreme Court of South Carolina · 1900
- Barksdale v. Charleston & Western Carolina Ry. Co.Supreme Court of South Carolina · 1903
- Owings v. Moneynick Oil MillSupreme Court of South Carolina · 1899
3Cited by9 opinions
- Hall v. Northwestern R. R.Supreme Court of South Carolina · 1908
- James v. Fountain Inn Mfg. Co.Supreme Court of South Carolina · 1908
- Lewis v. Gallivan Building Co.Supreme Court of South Carolina · 1910
- Stogner v. Great Atlantic & Pacific Tea Co.Supreme Court of South Carolina · 1937
- Grier v. Winyah Lumber CompanySupreme Court of South Carolina · 1928
4 more not listed; retrieve them via the Exa API.