Walling v. Congaree Construction Co.

Citations

• 41 S.C. 388
• 19 S.E. 723
• 1894 S.C. LEXIS 123

Syllabus

<p>1. Negligence — Non-Suit.—A non-suit cannot be granted for want of evidence where there is any relevant testimony to sustain the complaint, but in action to recover damages for the negligent killing by a master of one of his servants, if the uncontradicted testimony shows that the death was not the result of negligence for which the master was responsible, a non-suit would be proper.</p> <p>2. Ibid. — Construction Company. — In action by an administratrix to recover damages from a construction company for the death of her intestate, who was employed by such company as the conductor of a material train engaged in the building of a new line of railroad, the testimony showed that the road-bed was not completed, and the track not fully tied or spiked, but that deceased had been for some time engaged in this work, and had in charge a train load of rails and ties for the construction of this road at the time that he lost his life from the spreading of rails on a portion of the track that had just been laid. The Circuit Judge having considered the case as if an action against a completed railroad and refused a non-suit, his order was reversed, and the cause remanded, with directions to treat the case as an action in behalf of one who was working under no superior orders, and with knowledge that the road-bed was not as safe as it should be when completed.</p>