Bennettsville & C. R. Co v. Hickson Lumber Co

• Decision Date: 13 January 1913
• Citation: 76 S.E. 1087,93 S.C. 382
• Court: South Carolina Supreme Court
• Parties: BENNETTSVILLE & C. R. CO. v. HICKSON LUMBER CO.

76 S.E. 1087

93 S.C. 382

BENNETTSVILLE & C. R. CO.

v.HICKSON LUMBER CO.

Supreme Court of South Carolina.

Jan. 13, 1913.

1. Railroads (§ 139^*)—Use of Road —Injury to Property—Liability—Exemption.

A contract authorizing a lumber company to run its logging trains over a railroad company's road provided that the railroad company should be responsible for collisions and wrecks caused by defective tracks or the negligence of its employes, and that the lumber company should be liable for injuries to its own employes except those caused by a defective track or by the railroad company's employes. Through the lumber company's negligence, a fire was started which destroyed the railroad company's property. Held, that the enumeration in the contract of certain grounds of liability of each party did not exempt the lumber company from liability for its negligence.

[Ed. Note.—For other cases, see Railroads, Cent. Dig. §§ 440-442; Dec. Dig. § 139.*]

2. Negligence (§ 14*)—Persons Liable.

The law imposes liability upon every person legally responsible for the proximate consequences of his negligence.

[Ed. Note.—For other cases, see Negligence, Cent. Dig. §§ 16, 17; Dec. Dig. § 14.*]

3. Negligence (§ 105^2-*)—Liability—Exemption.

The fact that a person has contracted against liability on certain grounds does not relieve him from liability for his negligence in matters as to which he has not contracted.

[Ed. Note.—For other cases, see Negligence, Cent. Dig. § 172; Dec. Dig. § 105.*]

4. Railroads (§ 139*)—Use of Road—Injury to Property—Persons Liable.

A contract authorizing a lumber company to run its logging trains over a railroad company's road required the lumber company to furnish its own engine and pay the engineer, but provided that the engineer would be employed by the railroad company, and also required the engineer to keep the engine in first-class condition. Because of a defect in the grates of the engine, a fire was started which destroyed the railroad company's property. Held, that the lumber company was liable for the damage, since it resulted from its negligence in failing to furnish suitable grates, and not from the negligence of the railroad company's employe, the engineer; it being no part of the engineer's duty to provide grates.

[Ed. Note.—For other cases, see Railroads, Cent. Dig. §§ 440-442; Dec. Dig. § 139.*]

Appeal from Common Pleas Circuit Court of Marlboro County; R. C. Watts, Judge.

"To be officially reported."

Action by the Bennettsville & Cheraw Railroad Company against the Hickson Lumber Company. Judgment for plaintiff, and defendant appeals. Affirmed.

Willcox & Willcox and J. S. Mitchell, all of Florence, for appellant.

Stevenson, Matheson & Prince and Edward Mclver, all of Cheraw, for respondent.

HYDRICK, J. Plaintiff made a contract with defendant whereby defendant was granted the right to run its logging trains over plaintiff's tracks between certain stations on plaintiff's road. The contract provided, among other things, that defendant should furnish its own locomotive engine and pay the salary of the engineer, who was to be employed by plaintiff, but, upon reasonable showing by defendant of incompetency or neglect of duty, plaintiff was to discharge him and employ another; that, while on plaintiff's tracks, the engineer and log train should be subject to plaintiff's control, but, at all other times, subject to defendant's control; that the...