Legal Opinion

Gibbes v. Planters Fertilizer & Phosphate Co.

Supreme Court of South Carolina

Decided November 26, 1912No. 8374PublishedCited by 3 opinions

Before Ernest Gary, J., Charleston, Action by John Gibbes against Planters Fertilizer and Phosphate Company. Plaintiff appeals. cite: This case is similar to: 82 S. C. 224; 66 S. C. 482; 104 S. W. R. 96. ¡When nonsuits should not be granted: 78 S. C. 251; 80 S. C. 545; 67 S. C. 129; 86 S. C. 274, 306; 50 S. C. 37; 60 S. C. 18. cite: There was no negligence in not giving notice to plaintiff of the dangerous condition of the pile: 22 S. C. 558; 55 S. C. 483; 71 S. C. 53. The…

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Before Ernest Gary, J., Charleston, Action by John Gibbes against Planters Fertilizer and Phosphate Company. Plaintiff appeals. cite: This case is similar to: 82 S. C. 224; 66 S. C. 482; 104 S. W. R. 96. ¡When nonsuits should not be granted: 78 S. C. 251; 80 S. C. 545; 67 S. C. 129; 86 S. C. 274, 306; 50 S. C. 37; 60 S. C. 18. cite: There was no negligence in not giving notice to plaintiff of the dangerous condition of the pile: 22 S. C. 558; 55 S. C. 483; 71 S. C. 53. The foreman is a fellow servant with plaintiff: 87 S. C. 449.

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice PIydricic

This is an appeal from an order of nonsuit in an action for damages for personal injuries. Plaintiff alleges that he was ordered to go on top of a pile of bags of fertilizer, and pile other bags thereon; that, while he was doing so, the pile gave way, and he fell from the top of it into the kainit hole — a distance of some twenty-five feet — and some of the bags of fertilizer fell on him and injured him.

The'negligence alleged, upon which the action is based, is in ordering plaintiff into a dangerous place to work, made so because…

2Cases cited2 opinions

  1. Brabham v. American Telephone & Telegraph Co.Supreme Court of South Carolina · 1905
  2. Martin v. Royster Guano Co.Supreme Court of South Carolina · 1905

3Cited by3 opinions

  1. Kell v. Rock Hill Fertilizer Co.Supreme Court of South Carolina · 1923
  2. Leopard v. Beaver Duck MillsSupreme Court of South Carolina · 1921
  3. Maddox v. Steel Heddle Manufacturing Co.Supreme Court of South Carolina · 1929

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