Owings v. Moneynick Oil Mill

Citations

• 55 S.C. 483
• 33 S.E. 511
• 1899 S.C. LEXIS 122

Syllabus

<p>1. Master and Servant — -Negligence—Electric Wires. — A master is not required to notify a servant of the danger to which he is exposed in working near electric wires, dangerous machinery, &c., when the servant knows the danger of the situation in which he is required to work.</p> <p>2. Ibid. — Ibid.—Nonsuit.—In an action for damages for negligence in master in sending a servant to work in dangerous place without notice, nonsuit should be granted, where the entire proof is that the servant knew of the danger of his position, and none that defendant was ignorant of the want of such knowledge on the part of plaintiff.</p> <p>3. Negligence — Pleadings.—An action based o'n alleged negligence of sending servant to a dangerous place to work without notice, cannot be rested on negligence in erection of building in a dangerous place, when not pleaded or supported by any testimony.</p>