Plunkett v. Clearwater Bleachery & Mfg. Co.
Supreme Court of South Carolina
Before Gage, J., Aiken, Fall term, 1906. Action by Herman Plunkett, by guardian ad litem, against Clearwater Bleaching and Manufacturing Company. From judgment for plaintiff, defendant appeals. cite: Evidence as to repairs after accident incompetent: 51 S'. C., 22-9; 21 Ency., 520; Wig. on Ev., sec. 283; 36 Am.' R., 595; 18 Am.
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Before Gage, J., Aiken, Fall term, 1906. Action by Herman Plunkett, by guardian ad litem, against Clearwater Bleaching and Manufacturing Company. From judgment for plaintiff, defendant appeals. cite: Evidence as to repairs after accident incompetent: 51 S'. C., 22-9; 21 Ency., 520; Wig. on Ev., sec. 283; 36 Am.' R., 595; 18 Am. R., 307; 21 L. T. R., 263; 144 U. S., 202; 191 U. S., 69; 91 Cal., 49; 139 Cal., 340; 108 N. Y., 151; 157 Mass., 418 ; 29 Aitl., 408; 116 Ga., 164; 202 Fa. St., 274. Evidence as to subsequent condition of machine was admitted to show condition of machine and to…
1Dissent
The plaintiff, a minor, while in the employ of the defendant, in its dyeing room, guiding or steering cloth as it wound upon a wooden cylinder attached to a revolving rod or shaft, running through its center, came in contact with the battered and burred end of the shaft, which projected beyond the socket or gudgeon, and caught his clothing and broke his thigh and leg. In this action to recover for said personal injury the complaint alleged negligence and wilfulness in failing to provide safe machinery and in not warning plaintiff, a boy about ten years old, of the danger. Plaintiff recovered…
2Cases cited14 opinions
- Columbia & Puget Sound Railroad v. HawthorneSupreme Court of the United States · 1892
- Terre Haute & Indianapolis Railroad v. ClemIndiana Supreme Court · 1890
- Corcoran v. . Village of PeekskillNew York Court of Appeals · 1888
- Hodges v. PercivalIllinois Supreme Court · 1890
- Hudson v. C., & N. W. R. R.Supreme Court of Iowa · 1882
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