34 S.C. 211 | S.C. | 1891
The opinion of the court was delivered by
The plaintiff brought this action to recover damages for injuries sustained while in the employment of the defendant company, under the allegation that the injuries sustained resulted from the negligence of the company in furnishing the plaintiff with safe and suitable appliances to do the work for which he was employed. The testimony tends to show that plaintiff was employed by defendant to operate a machine in their oil mill, called a former, whereby the cotton seed meal was pressed into cakes; and that the work required of the plaintiff had to be done rapidly to prevent the meal from burning ; that the plaintiff, standing at the machine, was supplied by other servants of the defendant company with bags or sacks, which plaintiff with the assistance of another had to place in the machine ; that these bags or sacks were placed in a pile on the top of the machine, and when one was wanted, the plaintiff reached up and took one off the pile, which had to be done with rapidity; that it was very necessary for the safety of the person operating the machine that these bags or sacks should be free from holes or
Upon the testimony thus briefly outlined, his honor, Judge Wallace, held that there was an entire absence of any testimony tending to show any negligence on the part of the defendant company, and therefore rendered a judgment of non-suit, from which the plaintiff appeals upon the grounds set out in the record, which make the single question whether there was such an entire absence of testimony tending to show negligence on the part of the defendant as would warrant the granting of a non-suit.
It is true that the late Chief Justice, in delivering the opinion of the court, after commenting on the fact that there was no evidence tending to show any defect in the lantern, does use this language : “We find not a word in .the testimony on that subject, at least none to the precise point necessary to inculpate the defendant, to wit, that the deceased was using a defective lantern because of the fact that defendant had negligently furnished him with such ; on the contrary, it appears that the deceased procured another from the cab, which we suppose was safe and per-
The judgment of this court is, that the judgment of the Circuit Court be reversed, and that the case be remanded to that court for a new trial.
See Altee v. Railroad Company, 21 S. C., 557.