Evans v. Chamberlain

Citations

• 40 S.C. 104
• 18 S.E. 213
• 1893 S.C. LEXIS 7

Syllabus

<p>1. Non-Suit. — The rule is well settled, that if there is any pertinent testimony for plaintiff, the case must go to the jury.</p> <p>2. Engineer and Brakeman — Fellow-Servants.—It seems that the engineer and brakeman of a freight train are fellow-servants, so that the latter cannot recover of a railroad company damages for the negligence of an engineer who was prudently employed.</p> <p>3. Master and Servant — Appliances.—A railroad company is liable to its brakeman for injuries resulting to him from a defective bumper on a car that he was engaged in coupling, as it is the duty of the master to furnish the servant with safe appliances for the work required of him.</p> <p>4. Charging Juries — Facts.—-The charge in this case, considered as a whole, was not a charge upon the facts.</p> <p>5. Master and Servants — Defective Appliances — Obligation op Servant.— A,brakeman injured by a defective bumper is entitled to recover damages of the railroad company, his employer, even though by the use of ordinary care he might have discovered, but was in fact ignorant of, such defect, and this defect was not hidden.</p>