Bussey v. Charleston & Western Car. Ry. Co

Citations

• 52 S.C. 438
• 30 S.E. 477
• 1898 S.C. LEXIS 95

Syllabus

<p>1. Chauge; excepted to not objectionable, as it states issues raised by pleadings, and does not give to jury intimation of Judge’s opinion on fact.</p> <p>2. Negligence — Master and Servant — Charge as to negligence and want of care by employee too favorable to employer.</p> <p>3. Charge — Negligence—Master and Servant — Juries.—Judge can instruct the jury that there is negligence on part of employee, when only one inference can be drawn from his acts; in all other cases question of negligence is for jury.</p> <p>4. Ibid. — Party desiring specific charge must request it.</p> <p>5. Ibid. — Master and Servant — Appliances.—Duty of employer as to furnishing safe appliances for employee correctly charged.</p> <p>6. Ibid. — Judge may state in his charge a fact admitted by pleadings.</p> <p>7. Ibid. — Master and Servant — Machinery.—Jury was not instructed that master was bound to guarantee the soundness and safety of machinery furnished servant.</p> <p>8. Master and Servant — Fellow-Servant—Constitution—Damages — Railroads.—Under Constitution 1895, a servant may recover of a railroad company for injuries caused by carelessness of a fellow-servant directing him.</p> <p>9. Ibid. — Railroads—Damages.—Rule as to elements of damages in cases of employees injured by railroads properly stated.</p>