Branch v. Port Royal &c. Railway Co.

Citations

• 35 S.C. 405
• 14 S.E. 808
• 1892 S.C. LEXIS 177

Syllabus

<p>1. Negligence — Pleadings—Scienter.—In action to recover damages for an injury done by a master to his servant, an allegation that the injury was sustained by reason of neglect of duty on the master’s part in furnishing proper machinery for the work required of the servant, is not insufficient in failing to allege further that the master knew of the defect in the machinery; as want of knowledge, through no absence of due diligence in acquiring it, is a matter of defence, and therefore need not be set forth as a part of plaintiff’s cause of action.</p>