76 S.E. 976 (S.C. 1913), Lester v. Carolina, C. & O. Ry. of South Carolina

Citation:76 S.E. 976, 93 S.C. 395
Opinion Judge:WATTS, J.
Party Name:LESTER v. CAROLINA, C. & O. RY. OF SOUTH CAROLINA.
Attorney:Carson & Boyd, of Spartanburg, and J. Norment Powell, of Johnson City, Tenn., for appellant. C. P. Sims and Nicholls & Nicholls, all of Spartanburg, for respondent.
Case Date:January 16, 1913
Court:Supreme Court of South Carolina

Page 976

76 S.E. 976 (S.C. 1913)

93 S.C. 395

LESTER

v.

CAROLINA, C. & O. RY. OF SOUTH CAROLINA.

Supreme Court of South Carolina

January 16, 1913

Appeal from Common Pleas Circuit Court of Spartanburg County; Geo. W. Gage, Judge.

Action by Sylvester L. Lester against the Carolina, Clinchfield & Ohio Railway of South Carolina. Judgment for plaintiff, and defendant appeals. Affirmed.

Carson & Boyd, of Spartanburg, and J. Norment Powell, of Johnson City, Tenn., for appellant. C. P. Sims and Nicholls & Nicholls, all of Spartanburg, for respondent.

WATTS, J.

This was an action for damages by plaintiff against the defendant for injuries received by plaintiff, while in the employ of defendant, by reason of the alleged negligence of defendant. The negligence as alleged in the complaint was: (1) [93 S.C. 396] The handhold or step at the top of the box car was loose and insecurely fastened. (2) The defendant did not warn the plaintiff of the defective and insecure condition of the step or handhold. (3) The defendant carelessly and negligently failed to inspect the box car. (4) The defendant failed to stop the car before allowing the plaintiff to climb up on it. After issue joined, the case came on for trial before his honor, Judge Gage, and a jury, and resulted in a verdict for plaintiff. At close of plaintiff's testimony, the defendant moved for a nonsuit, which was refused. When all of the testimony was in, defendant moved for a direction of a verdict, which was refused. Defendant appeals, and asks reversal on the ground that there is no evidence to show that there was any negligence on the part of defendant, as alleged by the plaintiff, and questions the correctness of the circuit judge's ruling in refusing to grant a nonsuit or direct a verdict in favor of defendant, as moved for.

The law is so well settled in this state that it is unnecessary to quote authority that it is the duty of the master to furnish the servant with a reasonable, suitable, and safe place to work, and keep the same in reasonably safe and suitable repair, and furnish the servant with reasonably safe and suitable machinery and appliances to do the work with, and keep the same in reasonably safe and suitable repair, and this duty of the master is nonassignable.

The only testimony in the case here is that of the plaintiff. The defendant in no way attempts to relieve itself by explaining...

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  • 426 F.Supp. 543 (D.Conn. 1977), Civ. H-76-4, Inturri v. Healy
    • United States
    • Federal Cases United States District Courts 2nd Circuit District of Connecticut
    • 16 Febrero 1977
    ...and lewd or naked dancing and entertainment should not take place" in bars and cocktail Page 547 lounges, id., 409 U.S. at 115, 93 S.Ct. at 395, the Court declined to overturn California's regulations, even though much of the prohibited behavior would be constitutionally protected unde......
  • 329 N.E.2d 353 (Ill.App. 1 Dist. 1975), 60613, Occhino v. Illinois Liquor Control Commission
    • United States
    • Illinois Court of Appeals of Illinois
    • 14 Mayo 1975
    ...has been recognized as conferring something more than normal state authority over public health, welfare, and morals.' 409 U.S. 114, 93 S.Ct. 395, 34 L.Ed.2d 349--350. Moreover, the Court acknowledged that legislation need not address itself to all phases of a problem at one time in William......
  • 536 N.W.2d 192 (Wis.App. 1995), 94-3106, Schultz v. City of Cumberland
    • United States
    • Wisconsin Court of Appeals of Wisconsin
    • 27 Junio 1995
    ...has been recognized as conferring something more than the normal state authority over public health, welfare and morals. Id. at 114, 93 S.Ct. at 395 (quoting Joseph E. Seagram & Sons v. Hostetter, 384 U.S. 35, 41, 86 S.Ct. 1254, 1259, 16 L.Ed.2d 336 (1966)). In response to the First Ame......
  • 23 F.3d 1071 (6th Cir. 1994), 93-1447, G & V Lounge, Inc. v. Michigan Liquor Control Com'n
    • United States
    • Federal Cases United States Courts of Appeals Court of Appeals for the Sixth Circuit
    • 12 Mayo 1994
    ...rather it merely "strengthens" the case for upholding state regulations in the area of liquor regulation. 409 U.S. at 115, 93 S.Ct. at 395; see also Craig v. Boren, 429 U.S. 190, 207, 97 S.Ct. 451, 462, 50 L.Ed.2d 397 (1976); Felix v. Young, 536 F.2d 1126, 1131 (6th Cir.1976) (hol......
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72 cases
  • 426 F.Supp. 543 (D.Conn. 1977), Civ. H-76-4, Inturri v. Healy
    • United States
    • Federal Cases United States District Courts 2nd Circuit District of Connecticut
    • 16 Febrero 1977
    ...and lewd or naked dancing and entertainment should not take place" in bars and cocktail Page 547 lounges, id., 409 U.S. at 115, 93 S.Ct. at 395, the Court declined to overturn California's regulations, even though much of the prohibited behavior would be constitutionally protected unde......
  • 329 N.E.2d 353 (Ill.App. 1 Dist. 1975), 60613, Occhino v. Illinois Liquor Control Commission
    • United States
    • Illinois Court of Appeals of Illinois
    • 14 Mayo 1975
    ...has been recognized as conferring something more than normal state authority over public health, welfare, and morals.' 409 U.S. 114, 93 S.Ct. 395, 34 L.Ed.2d 349--350. Moreover, the Court acknowledged that legislation need not address itself to all phases of a problem at one time in William......
  • 536 N.W.2d 192 (Wis.App. 1995), 94-3106, Schultz v. City of Cumberland
    • United States
    • Wisconsin Court of Appeals of Wisconsin
    • 27 Junio 1995
    ...has been recognized as conferring something more than the normal state authority over public health, welfare and morals. Id. at 114, 93 S.Ct. at 395 (quoting Joseph E. Seagram & Sons v. Hostetter, 384 U.S. 35, 41, 86 S.Ct. 1254, 1259, 16 L.Ed.2d 336 (1966)). In response to the First Ame......
  • 23 F.3d 1071 (6th Cir. 1994), 93-1447, G & V Lounge, Inc. v. Michigan Liquor Control Com'n
    • United States
    • Federal Cases United States Courts of Appeals Court of Appeals for the Sixth Circuit
    • 12 Mayo 1994
    ...rather it merely "strengthens" the case for upholding state regulations in the area of liquor regulation. 409 U.S. at 115, 93 S.Ct. at 395; see also Craig v. Boren, 429 U.S. 190, 207, 97 S.Ct. 451, 462, 50 L.Ed.2d 397 (1976); Felix v. Young, 536 F.2d 1126, 1131 (6th Cir.1976) (hol......
  • Free signup to view additional results