Lynch v. Spartan Mills

• Decision Date: 08 April 1903
• Citation: 44 S.E. 93,66 S.C. 12
• Parties: LYNCH v. SPARTAN MILLS.
• Court: South Carolina Supreme Court

44 S.E. 93

66 S.C. 12

LYNCH v. SPARTAN MILLS.

Supreme Court of South Carolina

April 8, 1903

Appeal from Common Pleas Circuit Court of Spartanburg County Townsend, Judge.

Action by J. H. Lynch against the Spartan Mills. From an order requiring plaintiff to amend his complaint, he appeals. Modified.

The plaintiff appeals from that part of an order requiring him to make his complaint definite and certain in the particulars therein mentioned. The first paragraph of the complaint alleges the corporate existence of the defendant. The other paragraphs of the complaint are as follows:

"(2) That on the 31st day of July, A. D. 1901, plaintiff was employed by defendant company as a picker in its said factory. This duty was to run the picker machine, keep it in clean condition, and sweep the floor around it, and see that it was kept running. That while plaintiff was so engaged in the line of his duty, cleaning one of the pickers on said day, the defendant carelessly, wantonly, willfully, and negligently, and in utter disregard of the rights of plaintiff, caused its belt which connects the wheel of the picker upon which the plaintiff was working with the shafting overhead to break, and the buckle joining the same to come unfastened, thereby causing said belt to jump from the pulleys, and to catch the right arm of plaintiff, with which he was cleaning his machine, drawing said arm onto the wheel, and tearing and lacerating the flesh, breaking the bones therein, and horribly mangling and bruising the entire arm, also wounding his right shoulder and head, causing the plaintiff intense bodily suffering and great mental anguish permanently injuring the right arm of plaintiff and rendering the same useless for life; to his great damage in the sum of $20,000.

(3) That defendant company willfully, wantonly, recklessly negligently, and in utter disregard of the rights of plaintiff failed to furnish a sound and suitable belt and buckle joining the same to run the said picker machine, and connect the same in a safe manner with the overhead shafting and failed to notify or warn plaintiff of the extra hazard by reason thereof, and through its said failure and negligence and from no fault of plaintiff, said belt and machinery, through its defects, came apart, and without warning to plaintiff, and while he was in discharge of his duty, caught his arm, drawing it violently onto the wheel and under the belt, breaking the bones therein, and horribly tearing and lacerating the flesh thereon, and rendering the same useless to plaintiff for life, and further bruising and wounding the shoulder and body of plaintiff, causing him intense bodily suffering and great mental anguish; to his great damage in the sum of $20,000.

(4) That defendant company willfully, wantonly, recklessly, and negligently, and in utter disregard of the rights of plaintiff, failed to inspect the machinery and appliances connecting the machine where plaintiff was at work in the discharge of his duty with the overhead shafting, and by reason thereof the said machinery and appliances became unsound and unsafe and unfit for the purposes for which they are used, thereby causing the injury to plaintiff heretofore described; to his great damage in the sum of $20,000."

The defendant served the following notice of motion:

"(1) Please take notice that on the complaint herein we will move before his honor Judge D. A. Townsend, at Union, S. C., Thursday, 17th April, 1902, at 10 o'clock a. m., or as soon thereafter as counsel can be heard, for an order requiring you to make the complaint herein more definite and certain by alleging and stating definitely and certainly in the second paragraph of the complaint what acts of the defendant were careless, what were wanton, what were willful, and what was done in utter disregard of the rights of the plaintiff, and what act or acts caused its belt to break and the buckle joining the same to become unfastened.

(2) By alleging in the third paragraph of the complaint what acts of the company were willful, what were wanton, what were reckless, what were negligent, and what was done in utter disregard of the rights of the plaintiff, so as to fail to furnish a sound and suitable belt and buckles joining the same, and in what particulars said belt and buckles were unsound.

(3) By alleging definitely and certainly in the fourth paragraph of the complaint what acts of the defendant were willful, what acts were wanton, what acts were reckless, and what acts were negligent, and in what manner it failed to inspect the machinery and appliances connecting the machine where the plaintiff was at work.

(4) By stating definitely and certainly and in what particular the machinery and appliances became unsound and unfit and unsafe for the purposes for which they were used.

(5) And to extend the time within which to answer."

His honor the circuit judge granted the following order:

"The motion is granted as to the first and fourth particulars.

As to the second, it is granted as to what acts of the defendant

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