Watts v. Hermitage Cotton Mills
Supreme Court of South Carolina
Before Gags, J., Kershaw, November, 1912. Action by D. W. Watts against Hermitage Cotton Mill. Defendant appeals on the following exceptions: 1. “That his Honor, the presiding Judge, erred in refusing to grant the motion for nonsuit on the ground ‘that the alleged injuries tO' plaintiff were not due to any act of negligence of defendant as a proximate cause thereof.’ 2. “That his Honor, the presiding Judge, erred in not granting the motion for nonsuit upon the second ground…
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Before Gags, J., Kershaw, November, 1912. Action by D. W. Watts against Hermitage Cotton Mill. Defendant appeals on the following exceptions: 1. “That his Honor, the presiding Judge, erred in refusing to grant the motion for nonsuit on the ground ‘that the alleged injuries tO' plaintiff were not due to any act of negligence of defendant as a proximate cause thereof.’ 2. “That his Honor, the presiding Judge, erred in not granting the motion for nonsuit upon the second ground presented by the defendant-appellant, ‘that if the plaintiff was injured as alleged in the complaint it was not caused…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Chiej? Justic'S Gary.
This is an action for damages, alleged to have been sustained by the plaintiff through the negligence of the defendant.
The defendant denied the allegations of negligence, and set up the defense of contributory negligence and assumption of risk on the part of the plaintiff, and that the injury was the result of a risk, which was incident to his said employment, by which, it seems, was meant the negligence of a fellow servant.
At the close of the plaintiff’s testimony, the defendant made a motion for a nonsuit, which was refused.
Th…
2Cases cited2 opinions
- Martin v. Royster Guano Co.Supreme Court of South Carolina · 1905
- Southern Railway Co. v. EverettCourt of Appeals of Georgia · 1909
3Cited by3 opinions
- Nuckolls v. Great Atlantic & Pacific Tea Co.Supreme Court of South Carolina · 1939
- Crouch v. CuddSupreme Court of South Carolina · 1930
- State ex rel. Fenstermacher v. McNelisIndiana Court of Appeals · 1919