Hyland v. Southern Bell Telephone & Telegraph Co.
Supreme Court of South Carolina
Before Jos. A. McCuleough, special J, Richland, October term, 1903. Action by Philip H. Hyland against Southern Bell Telephone and Telegraph: Co. From judgment for plaintiff, defendant appeals. cite: As to the first three exceptions: 59 S’. C, 311. Evidence as to custom is not sufficient to establish a rule of conduct: 91 U. S-, 469; 81 Am.
Read the full summary
Before Jos. A. McCuleough, special J, Richland, October term, 1903. Action by Philip H. Hyland against Southern Bell Telephone and Telegraph: Co. From judgment for plaintiff, defendant appeals. cite: As to the first three exceptions: 59 S’. C, 311. Evidence as to custom is not sufficient to establish a rule of conduct: 91 U. S-, 469; 81 Am. Dec, 748; 28 S’. W, 520; 10 So-, 277; 14 So-, 202; 17 Mich, 99; 14 L. R. A, 552; 83 la, 346; 87 Ga, 374; 108 111, 113; 67 la, 150; 175 Mass, 51; 53 Wis, 664; 40- S. F, 54. Whether certain acts constitute such assumption as discharges defendant of lidbiliy,…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Chiee Justice Pope.
The following statement of the action is made by the plaintiff, which we adopt as a proper statement of the issues, thus presenting a copy of the pleading's: “This is an action for the recovery of damages for personal injuries: sustained by the plaintiff, while in the employment of the defendant, on the 30th day of March, 1903. In the afternoon of the said day, the plaintiff, with several other workmen, was engaged, under the direction of a foreman, in erecting poles, stringing wires and doing other work incident to the…
2Cases cited9 opinions
- Vicksburg & Meridian Railroad v. PutnamSupreme Court of the United States · 1886
- Bodie v. Charleston & Western Carolina Ry. Co.Supreme Court of South Carolina · 1901
- Garrick v. Florida Central & Peninsular R. R.Supreme Court of South Carolina · 1898
- Watts v. South Bound R. R.Supreme Court of South Carolina · 1901
- Youngblood v. South Carolina & Georgia R. R.Supreme Court of South Carolina · 1901
4 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Brickman v. Southern RailwaySupreme Court of South Carolina · 1906
- Green v. ShawSupreme Court of South Carolina · 1926
- Lowe v. Southern Ry.Supreme Court of South Carolina · 1910
- Magill v. Southern RailwaySupreme Court of South Carolina · 1913
- State v. MartinSupreme Court of South Carolina · 1922
2 more not listed; retrieve them via the Exa API.