Simms v. South Carolina Railway Co.

Citations

• 26 S.C. 490
• 2 S.E. 486
• 1887 S.C. LEXIS 71

Syllabus

<p>1. Where the testimony for the plaintiff, regarded as true, would not authorize a verdict in his favor, a non-suit is proper.</p> <p>2. In action against a railroad company to recover damages for an injury caused by a bumper, proof of a defective spring to the bumper would not prevent a non-suit, where the evidence failed to show any connection between such spring and the injury.</p> <p>3. Under the law (Gen. Stat., $ 1471) a railroad company of .this State may not refuse to receive from a connecting road, and transport, a car with a bumper of an old pattern, not so safe as improved bumpers in ' use on its own road.</p> <p>4. Nor does an old style bumper constitute such a peculiar hazard as to require the company to notify its employees of -the danger incident to its being coupled as other bumpers are.</p> <p>5. When it is apparent to the eye that there is not space enough for two cars to be coupled by a man standing between them, the danger of so coupling is obvious, and therefore the company is not bound to warn the coupler.</p> <p>6. Where the plaintiff fails to make out a case of negligence, the question of contributory negligence does not arise.</p>