Reports of Cases Heard and Determined by the Supreme Court of South Carolina, Том 111 |
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adverse possession affirmed agent alleged April Term automobile bank Bradham carrier cause of action charging the jury CHIEF JUSTICE GARY Circuit Court claim Code complaint Constitution contract contributory negligence cotton Court was delivered damages death deceased deed Deer Island defendant appeals defendant's directed a verdict directed verdict duty dying declaration Easterling employee entitled error evidence exceptions facts February 18 fraud Gist guilty held Honor erred injury interest involuntary manslaughter issue John Hiller Judge judgment JUSTICE FRASER JUSTICE WATTS JUSTICES HYDRICK land landlord liable Lumber manslaughter master Messrs mortgage motion nonsuit notice October Term opinion overruled parties person plaintiff possession probate proximate cause Pullman Company question railroad company Railway reason recover refused rent request res adjudicata servant South Carolina Spigener statute street Strob submit sustained swamp tenant testified testimony thereof tion tract trial unlawful witness
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Стр. 265 - ... shall not be held to have assumed the risks of his employment in any case where the violation by such common carrier of any .statute enacted for the safety of employees contributed to the injury or death of such employee.
Стр. 225 - When the classification in such a law is called in question, if any state of facts reasonably can be conceived that would sustain it, the existence of that state of facts at the time the law was enacted must be assumed. 4. One who assails the classification in such a law must carry the burden of showing that it does not rest upon any reasonable basis, but is essentially arbitrary.
Стр. 225 - Amendment does not take from the State the power to classify in the adoption of police laws, but admits of the exercise of a wide scope of discretion in that regard, and avoids what is done only when it is without any reasonable basis and therefore is purely arbitrary.
Стр. 262 - ... and, if none, then of the next of kin dependent upon such employee, for such injury or death resulting in whole or in part from the negligence of any of the officers, agents, or employees of such carrier...
Стр. 44 - Interest in or concerning them; or upon any Agreement that is not to be performed within the Space of one Year from the making thereof; unless the Agreement upon which such Action shall be brought, or some Memorandum or Note thereof, shall be in Writing, and signed by the Party to be charged therewith, or some other Person thereunto by him lawfully authorized.
Стр. 222 - The question, whether a law be void for its repugnancy to the constitution, is, at all times, a question of much delicacy, which ought seldom, if ever, to be decided in the affirmative in a doubtful case.
Стр. 265 - ... the fact that the employee may have been guilty of contributory negligence shall not bar a recovery, but the damages shall be diminished by the jury in proportion to the amount of negligence attributable to such employee: Proridfd.
Стр. 265 - That no such employee who may be injured or killed shall be held to have been guilty of contributory negligence in any case where the violation by such common carrier of any statute enacted for the safety of employees contributed to the injury or death of such employee.
Стр. 269 - Act to recover damages for personal injuries to an employee, or where such injuries have resulted in his death, the fact that the employee may have been guilty of contributory negligence shall not bar a recovery, but the damages shall be diminished by the jury in proportion to the amount of negligence attributable to such employee...
Стр. 222 - The legislature being familiar with local conditions is, primarily, the judge of the necessity of such enactments. The mere fact that a court may differ with the legislature in its views of public policy, or that judges may hold views inconsistent with the propriety of the legislation in question, affords no ground for judicial interference.