Farley v. Charleston Basket & Veneer Co.

Citations

• 51 S.C. 222
• 28 S.E. 193
• 1897 S.C. LEXIS 62

Syllabus

<p>1. Pleading — Cause oe Action — Master and Servant. — Allegations charging a master with negligence in providing safe appliances and a safe place to stand while working a machine state only one cause of action.</p> <p>2. Evidence — Subsequent Precautions — Waiver.—Where a defendant brings out evidence as to subsequent precautions, he waives the right to object to the same sort of evidence by the other side. Divided Coiirt.</p> <p>3. Nonsuit properly refused.</p> <p>4. Contributory Negligence — Master and Servant. — Whether servant is guilty of contributory negligence, by remaining in employ of master after knowledge of defect in appliances, is question for jury. Following Lazure v. Graniteville Mfg. Co., 18 S. C., 280.</p> <p>5. Charge. — Instructions giving defendant benefit of what is only available as a defense, cannot be objected to by him, even though no such issue be made in the case.</p> <p>6. Contributory Negligence. — Charge upon contributory negligence not objectionable. Rule stated as to recovery in cases of contributory negligence.</p> <p>7. Charge not on the facts.</p> <p>8. Contributory Negligence — Master and' Servant — Proximate Cause. — Contributory negligence on part of servant, if not of such degree as to be the proximate cause of the injury, will not free master from liability, if his negligence were the proximate and immediate cause of the injury.</p> <p>9. Charge. — Illustration complained of intended merely to show importance of determining the proximate cause, and did not mislead jury.</p> <p>10. Damages — Medical Services. — Expenses for medical services may be considered by the jury in estimating damages for personal injury.</p> <p>11. Petition for Rehearing refused.</p>