Gunter v. Graniteville Manufacturing Co.

Citations

• 15 S.C. 443
• 1881 S.C. LEXIS 93

Syllabus

<p>1. The plaintiff in a‘civil case having declared that he had no objections to the jury as it then stood, cannot challenge two jurors afterwards drawn to supply vacancies caused by the defendant’s challenges. Huff v. Watkins, ante 82, affirmed.</p> <p>2. Wharton’s definition of negligence approved.</p> <p>3. Unless propositions submitted as a whole in requests to charge are wholly correct, it is not the duty of the trial-judge to charge them, or any part of them.</p> <p>4. If injury to a servant results from the negligent act of the master or of his representative, the master is prima faeie liable.</p> <p>5. If such injury results from defective machinery, or the negligent act of a co-servant, the master is not responsible unless the proof shall go further and show that the master’s negligence in purchasing and overlooking his machinery, or in employing and supervising his servants, was the cause of his having defective machinery in use and negligent servants engaged.</p> <p>6. If, however, in any of these cases, it should appear that the negligence of the injured party contributed to the injury in such degree as to become one of the proximate causes thereof, so as to relieve these other causes from being the entire cause, this would be a good defence.</p>