Austin v. Manufacturing Co.
Supreme Court of South Carolina
Before Watts, J., Greenville, November, 1902. Action by Joseph Austin against Piedmont Manufacturing Co. Erom judgment of nonsuit, plaintiff appeals. cite: There being evidence .to sustain the allegations of the complaint, nonsuit was error: 53 S. C., 159; 20 Ency., 55; 60 S. C., 168; 61 S. C., 487; 51 S. C., 234; 55 S. C., 424; 62 S. C., 136; 25 S. C., 128; 42 S. C., 470; 18 S. C., 280; 51 S. C., 222; 53 S. C., 363. Assumption of risks is for jury: 55 S. C., 103; 52 S. C.,…
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Before Watts, J., Greenville, November, 1902. Action by Joseph Austin against Piedmont Manufacturing Co. Erom judgment of nonsuit, plaintiff appeals. cite: There being evidence .to sustain the allegations of the complaint, nonsuit was error: 53 S. C., 159; 20 Ency., 55; 60 S. C., 168; 61 S. C., 487; 51 S. C., 234; 55 S. C., 424; 62 S. C., 136; 25 S. C., 128; 42 S. C., 470; 18 S. C., 280; 51 S. C., 222; 53 S. C., 363. Assumption of risks is for jury: 55 S. C., 103; 52 S. C., 443; 61 S. C., 478. And it should have been pleaded: 13 Ency. P. & P., 914. On motion for nonsuit no other grounds can…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Gary.
This is an appeal from'an order of nonsuit. In order to understand clearly the question presented by the exceptions, it will be necessary to refer to the pleadings. The material allegations of the complaint are as follows :
“II. That on the 27th day of December, A. D. 1898, the above named plaintiff was regularly in the employment of the said defendant as a general day laborer, and was doing duty as such on said date.
“ill. That on said date the plaintiff was ordered by said defendant to assist in carrying certain looms from one of its…
2Cases cited1 opinion
- Rosemand v. Southern Ry.Supreme Court of South Carolina · 1903
3Cited by4 opinions
- Webber v. Farmers Chevrolet Co.Supreme Court of South Carolina · 1938
- Forrest v. McBeeSupreme Court of South Carolina · 1905
- Rippy v. Southern Ry.Supreme Court of South Carolina · 1908
- Southern Railway Co. v. Swift & Co.Supreme Court of South Carolina · 1930