Donahue v. Railroad Co.

Citations

• 32 S.C. 299
• 11 S.E. 95
• 1890 S.C. LEXIS 60

Syllabus

<p>1. A complaint -which alleges the killing of plaintiff’s intestate, a street car driver, by a vicious horse negligently furnished to intestate by his master, the defendant company, is not demurrable for failing to allege that intestate had no knowledge or means of knowing of the dangerous character of such horse.</p> <p>2. In action by a servant against his master for injury done to the servant by a dangerous agency furnished by the master, knowledge, or means of knowledge, by the servant of this danger, would be contributory negligence on the part of the servant, and this is an affirmative defence.</p>