Kell v. Rock Hill Fertilizer Co.

■ The opinion of the Court was delivered by

Mr. Justice Marion.

The appeal is from an order of nonsuit based upon the ground that/there was “no evidence of any negligence on the part of the defendant, which was the proximate cause” of the alleged wrongful death for which plaintiff sought to recover damages, j

The plaintiff’s intestate was a carpenter, one of a number of workmen employed by defendant in the erection of a building. It appears that certain upright posts or studding had been put in position, and, on top of these, beams, called “plates,” extending from one post to another, were being…