Ogilvie v. Conway Lumber Co.
Supreme Court of South Carolina
Before Prince, J., Horry, Summer Term, 1907. Action by Thomas Daggett Ogilvie against Conway Lumber Company. From, judgmlent for plaintiff, defendant appeals. cites: Assumption of risks was sufficiently pleaded: 70' S. C., 470; 61 S. C., 478; 66 S. 'C., 204; 75 S. C., 68. When 'action is for exemplary damages alone actual damages cannot be recovered: 14 S. E., 943, 947; 37 S. C., 194. cite: Assumption of risks should be pleaded: 73 S. C., 503. It is duty of master to warn…
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Before Prince, J., Horry, Summer Term, 1907. Action by Thomas Daggett Ogilvie against Conway Lumber Company. From, judgmlent for plaintiff, defendant appeals. cites: Assumption of risks was sufficiently pleaded: 70' S. C., 470; 61 S. C., 478; 66 S. 'C., 204; 75 S. C., 68. When 'action is for exemplary damages alone actual damages cannot be recovered: 14 S. E., 943, 947; 37 S. C., 194. cite: Assumption of risks should be pleaded: 73 S. C., 503. It is duty of master to warn inexperienced servant of hidden danger: 20 Ency., 97, 100, 122.
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Jones.
The plaintiff, a minor, sustained personal injuries while operating a trim' or butt saw in the employ of the defendant company in its lumber mill at Conway, Horry County, on November 12, 1904, and brought this action for damages, alleging that the said injury was the result oí defendant’s negligent and wilful conduct in using an old, worn and defective rope to 'hold the saw in position and prevent it from coming in contact with the operator; in failing to provide proper guards thereto; in so piling up lumber on the floor about the saw…
2Cases cited2 opinions
- Montgomery v. Seaboard Air Line Ry.Supreme Court of South Carolina · 1906
- Charping v. Toxaway MillsSupreme Court of South Carolina · 1905
3Cited by1 opinion
- All v. PrillamanSupreme Court of South Carolina · 1942