Pollard v. Savannah River Lumber Co.
Supreme Court of South Carolina
Before Rice, J., Colleton, Spring term, 1919: Action by George Pollard against the Savannah River Lumber Company. Judgment for plaintiff, and defendant appeals. submit: The risk was open and notorious and assumed by plaintiff: 72 S. C. 346; 80 S. C. 238; 86 S. C. 130. Plaintiff’s negligence was the proximate cause of injury: 61 S. C. 482-485. cites: As to the general law governing the granting of nonsuits: 95 S. C. 243; 98 S. C. 129; 90 S. C. 316. As to assumption of risk:…
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Before Rice, J., Colleton, Spring term, 1919: Action by George Pollard against the Savannah River Lumber Company. Judgment for plaintiff, and defendant appeals. submit: The risk was open and notorious and assumed by plaintiff: 72 S. C. 346; 80 S. C. 238; 86 S. C. 130. Plaintiff’s negligence was the proximate cause of injury: 61 S. C. 482-485. cites: As to the general law governing the granting of nonsuits: 95 S. C. 243; 98 S. C. 129; 90 S. C. 316. As to assumption of risk: 25 L. R. A. (N. S.), note, page 1179; 61 S. C. 478; 102 S. C. 276; 108 S. C. 100. As to law of contributory negligence:…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Hydrick.
Plaintiff recovered judgment for injury to his' hand, caused by contact with a negligently placed and exposed trim saw in defendant’s planing mill. The only errors assigned are in the refusal of defendant’s motion to direct the verdict, on the grounds of assumption of risk and contributory negligence.
Plaintiff was put to grading and trimming the lumber to specified lengths, as it came from the planer. His position, was about 10 feet from the planer and 4 feet from the trim saw. When a piece of the right length came through, he…
2Cases cited3 opinions
- Bodie v. Charleston & Western Carolina Ry. Co.Supreme Court of South Carolina · 1901
- Lorick v. Seaboard Air Line RailwaySupreme Court of South Carolina · 1915
- Lorick v. S.A.L. Ry.Supreme Court of South Carolina · 1916