Rippy v. Southern Ry.
Supreme Court of South Carolina
Before Purdy, J., Cherokee, July, 1907. Action by W. Pink Rippy against Southern Railway-Company. Promi order of nonsuit on circuit, plaintiff appeals. cites: Plaintiff was injured by the negligence of the master: Sec. 15, art. IX, Con, ; 56 S. C., 455; 23 S. C., 529; 73 S. C., 571, 502; 70 S. C., 327; 1 Rab. on M. & S., 12-, 13, 14; 51 S. C., 96; 71 S. C., 50; 18 S. C., 262. There was intentional wrong here: 54 S, C., 305; 74 S. C., 391; 46 & C., 104; 60 S. C., 9; 61 S. C.,…
Read the full summary
Before Purdy, J., Cherokee, July, 1907. Action by W. Pink Rippy against Southern Railway-Company. Promi order of nonsuit on circuit, plaintiff appeals. cites: Plaintiff was injured by the negligence of the master: Sec. 15, art. IX, Con, ; 56 S. C., 455; 23 S. C., 529; 73 S. C., 571, 502; 70 S. C., 327; 1 Rab. on M. & S., 12-, 13, 14; 51 S. C., 96; 71 S. C., 50; 18 S. C., 262. There was intentional wrong here: 54 S, C., 305; 74 S. C., 391; 46 & C., 104; 60 S. C., 9; 61 S. C., 481. Contributory negligence is matter of defense and cannot be considered on motion for nonsuit: 34 S. C., 211; 25 S.…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Gary.
This is an action' for damages, alleged to have been sustained by the plaintiff through the negligence and wantonness of the defendant.
The allegations of the complaint; material to the questions to be considered, are as follows:
“That at the times herein mentioned the plaintiff was employed by the defendant as fireman of a stationary engine at the shops of the defendant in Blacksburg, S. C.
“That the defendant, on October 3, 1904, in its yards at Blacksburg, was loading some car wheels attached to axles on to a gondola car, by placing…
2Cases cited5 opinions
- Wilson v. Charleston & Savannah Ry.Supreme Court of South Carolina · 1897
- Bussey v. Charleston & Western Car. Ry. CoSupreme Court of South Carolina · 1898
- Rosemand v. Southern Ry.Supreme Court of South Carolina · 1903
- Rutherford v. Southern Ry.Supreme Court of South Carolina · 1900
- Austin v. Manufacturing Co.Supreme Court of South Carolina · 1903
3Cited by3 opinions
- Whisenhunt v. Atlantic Coast Line R. Co.Supreme Court of South Carolina · 1940
- Wilson v. ClarySupreme Court of South Carolina · 1948
- Southern Power Co. v. WilliamsSupreme Court of South Carolina · 1910