CARTER
J.
This
action, commenced in the court of common pleas for the county
of Charleston, September 12, 1928, by Clarence S. Piner, as
plaintiff, against the defendants Standard Oil Company of New
Jersey, a corporation, and R. C. Cooper, is for the recovery
of damages against the defendants in the sum of $70,000 for
alleged injuries sustained by the plaintiff while working in
the discharge of his duty as an employee of the said Standard
Oil Company, and while working under the direction, control
and supervision of the said R. C. Cooper, his foreman. Issues
being joined, the case was tried at the October, 1929, term
of said court, before his honor, Judge Hayne F. Rice, and a
jury, resulting in a verdict for the plaintiff against both
defendants in the sum of $15,000 actual damages, and against
the defendant Standard Oil Company in the sum of $5000 as
punitive damages. From the judgment entered on
the verdict, and from the intermediate orders of the trial
judge, the defendants have appealed to this court, upon
exceptions, imputing error in several respects.
For the
purpose of a clear understanding of the issues between the
parties, we quote herewith the pleadings in the case,
omitting immaterial parts:
Complaint.
"Second
That as this plaintiff is informed and believes the
defendant, Standard Oil Company of New Jersey, is now and was
at the times hereinafter mentioned a corporation created by
and existing under the laws of the State of Delaware and owns
and operates a Crude Petroleum Oil Refinery and conducts a
place of business in the County of Charleston, in the State
of South Carolina.
"Third:
That, the defendant, R. C. Cooper, is now and was at the
times hereinafter mentioned a resident of the County of
Charleston, in the said State.
"Fourth:
That the defendant, R. C. Cooper, at the times hereinafter
mentioned was the foreman and manager of the plaintiff herein
and of the department of the said Refinery in which this
plaintiff received the injuries herein complained of.
"Fifth:
That the said R. C. Cooper joined in the tort with the said
Standard Oil Company of New Jersey which resulted in the
injuries and damage to Clarence W. Piner as herein alleged.
"Sixth:
That the said defendants were at the time of the injury of
this plaintiff and for years prior thereto, engaged in the
distillation and production of motor spirits, illuminating
oil, gasoline and various oils and greases from crude
petroleum oil. That the distillation of gasoline and oil and
crude oil are extra-hazardous on account of the inflammable
quality of the products and their likelihood to explode,
which fact is and was known to the defendants that such
distillation and handling on highly inflammable
petroleum requires accurate and scientific knowledge of
chemical products and the characteristics of crude oil and of
the products therefrom in order to enable one to take the
proper precautions and safeguards for the employees against
injury from explosions and fire. That this technical and
scientific knowledge, the average uneducated person and
layman such as the plaintiff, Clarence W. Piner is, does not
possess, and is not in a position to acquire, and that the
said Clarence W. Piner did not possess and have such
knowledge, but had to and did rely upon the defendants to
provide such safeguards, looking to his protection,
commensurate with the hazards and dangers to which the said
defendants knew or should have known that he was being
exposed and subjected to in the performances of his duties,
all of which both of the said defendants were aware of by
reason of their experience and knowledge in the conduct of
this particular industry.
"Seventh:
That on or about June 16, 1928, while the said Clarence W.
Piner was working in the discharge of his duty as an employee
of the Standard Oil Company of New Jersey and while working
under the direction, control and supervision of R. C. Cooper,
his foreman, he, the said plaintiff, acting under the orders
of the said foreman assisted in placing a water hose in the
top of a tank containing a highly inflammable petroleum
product and was standing at the top of the said tank when
suddenly and without warning and through no fault of his, the
said tank caught fire and exploded, causing this plaintiff to
be violently blown from the top of the tank to the ground and
upon and against the concrete fire wall surrounding the same,
and instantaneously he was covered with highly inflammable
oil and enveloped in flames, fire, gases and vapors and
horribly burned, scalded and roasted from his waist to the
top of his head and his body otherwise cut and broken as
hereinafter more particularly set forth.
"Eighth:
That the damage and injury to this plaintiff as hereinabove
and hereinafter set forth was due to and caused by the joint and concurrent tortious acts of negligence,
carelessness, recklessness, willfulness and wantonness of the
defendant Standard Oil Company of New Jersey and R. C.
Cooper, as follows, to-wit:
"(a)
In failing and omitting to properly supervise and direct
the work which this plaintiff was ordered to do so as to
prevent the injury to this plaintiff.
"(b)
In failing and omitting to lay out and furnish a safe and
proper place for doing the work which this plaintiff was
ordered to do.
"(c)
In failing and omitting to adopt a proper method for laying
out the work which this plaintiff was ordered to do.
"(d)
In directing this plaintiff to pour water into the top of a
tank when they knew or should have known that so to do
would create static electricity and cause an explosion,
without warning this plaintiff of the danger thereof, when
they knew or should have known that he was not familiar
with the said danger.
"(e)
In causing and directing this plaintiff to pour cold water
into a tank containing warm oil, gases and vapors when they
knew or should have known that the chemical combination was
liable to explode, without warning this plaintiff of the
dangers thereof, when they knew or should have known he was
ignorant of the hazard.
"(f)
In causing, directing and permitting this plaintiff to run
water into the top of a tank containing highly inflammable
oil when they knew or should have known that so to do was
particularly dangerous and liable to cause an explosion and
injure this plaintiff, when they knew or should have known
that this plaintiff was ignorant of the said danger.
"(g)
In failing and omitting to direct this plaintiff to put the
water in the said tank from the bottom thereof and thereby
safe guard the person of this plaintiff and prevent the
ignition and explosion of the said oil and the injury to
this plaintiff.
" (h) In failing and omitting to direct this
plaintiff to use an adjustable suction pipe or other device
to get the oil out of the said tank and thereby eliminate
the necessity of pouring water in the said tank with the
oil.
"(i)
In failing and omitting to take the proper measures to
safeguard the person of
this plaintiff while discharging the orders given to him
and in failing and omitting to warn him of the dangers
incidental to the discharge of the said orders when they
knew or should have known that the plaintiff was ignorant
of the peril and jeopardy to which his life was being
subjected.
"(j)
In directing this plaintiff to do work without first
exercising, utilizing and employing a reasonable safeguard,
commensurate with the danger involved for the safety and
protection of the life of this plaintiff.
"Ninth:
That as the result of the said joint and concurrent
negligent, careless, reckless, willful and wanton acts of
the said defendants and each of them was the joint,
proximate and concurrent cause of the injury to this
plaintiff and materially, directly and concurrently
contributed thereto, and, as a result thereof this
plaintiff was hurled from the top of the steel tank on
which he was working on to the ground and against the
concrete wire wall surrounding the said tank; the back of
his head was lacerated, cut and split open for a distance
of about five inches; his right cheek was lacerated and
severely cut; he was covered with hot oil and enveloped
with flame and his body literally roasted from his waist to
the top of his head; the collar bone and shoulder blade on
his right side were broken, battered and fractured; the
cinders and sand upon which he was thrown, ground into his
burned flesh and he remained in the hospital swathed in
grease and bandages in a semi-conscious condition for weeks
after the tragedy; he suffered the most excruciating pain
and torture and mental anguish, as a result of his scalds
and burns for many, many weeks; he was forced to expend
money for medical attention, had to undergo treatment from
numerous physicians and a masseur; his face
is permanently scarred and he will carry with him the mark
of disfiguration on his face for the balance of his natural
life; the bones of his right shoulder and the muscles of
his right shoulder and back are permanently injured and as
a result of the crushing of the bones in his right shoulder
he is unable to lift his right arm more than one-half of
its normal position; he had two teeth knocked out and his
ribs broken; and, though this plaintiff has undergone and
is
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