Franks v. Southern Cotton Oil Co.
Decision Date | 20 August 1907 |
Citation | 58 S.E. 960,78 S.C. 10 |
Parties | FRANKS v. SOUTHERN COTTON OIL CO. |
Court | South Carolina Supreme Court |
Appeal from Common Pleas Circuit Court of Laurens County; R. O Purdy, Judge.
Action by R. J. Franks against the Southern Cotton Oil Company and R. H. Hudgens. From an order overruling demurrers to the complaint, defendants appeal. Affirmed.
This is an appeal from an order overruling a demurrer to the complaint, on the ground that it does not state facts sufficient to constitute a cause of action. The first paragraph of the complaint alleges the corporate existence of the defendant; and the other paragraphs are as follows ***"The defendant demurred to the complaint, on the ground that it did not state facts sufficient to constitute a cause of action, in that it does not show that the injuries of the deceased were the result of a failure on the part of the defendant to perform any duty it owed to the deceased. Under the authority of Bridger v. Railroad, 25 S.C. 24, and Pekin v. McMahon, 154 Ill. 141, 39 N.E. 484, 27 L. R. A. 206, 45 Am. St. Rep. 114, his honor, the presiding judge, overruled the demurrer, and the defendant appealed.
Mitchell & Smith, Sheppard, Grier & Park, and Dial & Todd, for appellant.
Simpson, Cooper & Rabb, for respondent.
The appeal raises the single question whether the defendants owed a duty to the deceased in regard to the reservoir. In the case of Bridger v. Railroad, 25 S.C. 24, this court followed the doctrine announced in Sioux City, etc., v. Stout, 17 Wall. (U. S.) 657, 21 L.Ed. 745, the first of which are known as the turntable cases, in which it was held that an infant could recover for an injury causing him damages as the result of a failure on the part of the railroad company to keep its turntable locked or properly guarded.
If that principle is applicable to this case, it is conclusive of the question under consideration. The United States Supreme Court has not confined the doctrine to turntable cases, but has applied it in other cases, notably in Union, etc., R. R. v. McDonald, 152 U.S. 262, 279, 14 S.Ct. 619, 626, 38 L.Ed. 434, where it was held that the railroad company was guilty of negligence in leaving unguarded the slack pile, made by it, in the vicinity of its depot building. The court in that case uses this language:
The principle is thus stated in Thompson on Neg. § 1024 ...
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...for the safety of children on his premises. McLendon v. Hampton Cotton Mills [109 S.C. 238, 95 S.E. 781]." In the case of Franks v. Cotton Oil Company, supra, the court this quotation from Cooley on Torts: "Thus, leaving a tempting thing to play with exposed where they would be likely to ga......
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...Bridger, South Carolina courts have had many opportunities to develop the doctrine of attractive nuisance. See Franks v. S. Cotton Oil Co., 78 S.C. 10, 58 S.E. 960 (1907); McLendon v. Hampton Cotton Mills Co., 109 S.C. 238, 95 S.E. 781 (1917); Sexton v. Noll Constr. Co., 108 S.C. 516, 95 S.......
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