Sanders v. Etiwan Phosphate Co.

Citations

• 19 S.C. 510
• 1883 S.C. LEXIS 107

Syllabus

<p>1. Whether there is any evidence to support the allegations of the complaint is always a question of law for the court, and if there is a total lack of evidence to sustain its material allegations, a non-suit is not only proper but is demanded.</p> <p>2. In action by a laborer for damages sustained in the course of his employment as a result of defendant’s failure to supply the necessary material and to employ careful and competent workmen, the evidence showed that defendant had not failed in its duty in these respects. Held, that a non-suit was properly granted.</p> <p>3. Negligence of any other character committed by the defendant through a representative was not alleged in the complaint, and, therefore, was not an issue in the cause.</p>