Hunter v. D. W. Alderman & Sons Co.
Supreme Court of South Carolina
Before Klugh, J., Clarendon, February, 1910. Action by Walker B'. Hunter against D. W. Alderman and Sons Co. Plaintiff appeals. cites: Issue of fellow-servant was for jury: 71 S. C. 56; 76 S. C. 549; 78 S. C. 383; 77 S. C. 553. Master is liable if injury was caused by act of servant under order of master: 84 S. C. 389. Plaintiff should recover if negligent, if his negligence ivas not the proximate cause of the injury: 51 S. C. 222. Mr. DuRant cites: Proof of .one act of…
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Before Klugh, J., Clarendon, February, 1910. Action by Walker B'. Hunter against D. W. Alderman and Sons Co. Plaintiff appeals. cites: Issue of fellow-servant was for jury: 71 S. C. 56; 76 S. C. 549; 78 S. C. 383; 77 S. C. 553. Master is liable if injury was caused by act of servant under order of master: 84 S. C. 389. Plaintiff should recover if negligent, if his negligence ivas not the proximate cause of the injury: 51 S. C. 222. Mr. DuRant cites: Proof of .one act of negligence is not proof of incompetency: 19 So. 399. Servant only represents the master when performingJhe duties of the…
1Opinion of the Court
The opinion in this case was filed on September 6, 1911, but remittitur held up on petition for rehearing until
October 2, 1911.
The opinion of the Court was delivered by
Mr. Justice Woods.
The plaintiff was employed in June, 1906, as a saw filer in the defendant’s large sawmill at Alcolu. On the morning of June 2 plaintiff inquired of Robert Alderman, the manager, if the mill would run that day, and on being informed that it would not he went into the saw pit to adjust the mill. The valve in the pipe between the boiler and the engine having been opened, the blowing of the whistle at the noon…
2Cases cited7 opinions
- First National Bank v. ChandlerSupreme Court of Alabama · 1905
- Brabham v. American Telephone & Telegraph Co.Supreme Court of South Carolina · 1905
- Stephens v. Southern RailwaySupreme Court of South Carolina · 1902
- Galveston, Harrisburg & San Antonio Railway Co. v. DavisTexas Supreme Court · 1898
- Lowe v. Southern Ry.Supreme Court of South Carolina · 1910
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- James Stewart & Co. v. NewbyCourt of Appeals for the Fourth Circuit · 1920
- Whisenhunt v. Atlantic Coast Line R. Co.Supreme Court of South Carolina · 1940
- Wesley v. Holly Hill Lumber Co.Supreme Court of South Carolina · 1947
- Arveson v. Boston Coal Dock & Wharf Co.Supreme Court of Minnesota · 1915
- Leopard v. Beaver Duck MillsSupreme Court of South Carolina · 1921
2 more not listed; retrieve them via the Exa API.