Crouch v. Charleston & Savannah Railway Co.

Citations

• 21 S.C. 495
• 1884 S.C. LEXIS 121

Syllabus

<p>1. Contributory negligence is a matter of defence, and the burden of proving it is on defendant. It is not necessary, therefore, that the plaintiff should allege in his complaint that he exercised due care.</p> <p>2. Knowledge that there are defects in a draw to a bridge does not relieve the owners of the bridge from all responsibility. And so, where a steamer had several times passed through such a draw without injury, but on one occasion was injured while passing through with proper care, in action for damages for such injury, the judge properly refused a non-suit.</p> <p>3. The failure of the steamer to “drop anchor and drag through,” as is required of boats, &c., passing under a bridge {Gen. Stat., % 1115) does not affect this case.</p>