Wade v. Oliver
Supreme Court of South Carolina
Before Wiuson, J., Greenville, April term, 1914. Action by B. G. Wade, as administrator of the estate of William Wade, deceased, against W. J. Oliver. From judgment for plaintiff, defendant appeals. The fifteenth request to charge was as follows: “A man may be careless and negligent of his receiving injury, and yet his negligence may not be contributory negligence.
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Before Wiuson, J., Greenville, April term, 1914. Action by B. G. Wade, as administrator of the estate of William Wade, deceased, against W. J. Oliver. From judgment for plaintiff, defendant appeals. The fifteenth request to charge was as follows: “A man may be careless and negligent of his receiving injury, and yet his negligence may not be contributory negligence. It may not be a direct cause or proximate, and if the injury was inflicted by the defendant without any direct help from the negligence of the plaintiff, then the defendant would still be liable; if the injury could have been…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Hydrick.
Plaintiff recovered judgment against defendant for $1,000 damages for negligence resulting in the death of his son, a youth of sixteen years. Defendant assigns error in the refusal of his motions for nonsuit and direction of the verdict, and in charging plaintiff’s fifteenth request, which will be reported.
Defendant is a railroad contractor, and was building a railroad. Wade was employed to assist in the work of removing the earth and stone — mostly broken stone — from a cut to a fill. This was accomplished by the use of a small…
2Cited by1 opinion
- Gobbel v. Columbia Ry., Gas & Electric Co.Supreme Court of South Carolina · 1917