The Union times. [volume] (Union, S.C.) 1894-1918, 1896-10-02
UNDER THE NEW LAW
FIRST DAMAGE SUIT UNDER NEW
CONSTITUTION.
All Employees Have Rights Railroads
Are Liable for Injuries Received by
Employee OH Account Of
Others Negligence.

|
The Atlanta Constitution Of Wednes-
day last contained the following of in
terest:
The first damage suit TO be filed un-
der the new Constitution of South Car
olina was brought yesterday by Mr..
Burton Smith against the Raleigh and
Castor Railroad Company and the Sea
board and Roanoke Railroad Company,
lessees of the Georgia, Carolina and
Northern Railway Company.
The allegations in the petition filed
by Mr.. Smith show that Andrew Jack
son, an employee of the railroad, was
seriously and probably permanently
injured while coupling cars sever al
weeks ago ut Greenwood, S. G.
The reason for holding the road IL
able for the injuries are attributed
! to the cnrelessness and negligence of
other employees of the same railroad
company. The plaintiff claims that
the road is liable under the terms of
the new constitution adopted 10y the
State. The case is one of the first to
be fled since this constitution was
adopted and the law was changed on
this point.
1t is further shown in the petition
that on account of the injuries received
by Jackson, his leg was amputated and
the loss of time, physical suffering and
doctors bill are set forth in the appli-
cation for damages.
The section Of the new constitution
of South Carolina, under which the
snit is brought, is as follows:
Article 8, section Is: Every en-
ploye of any railroad corporation shall
have the same rights and remedies for
any injury suffered by him from the
acts or omissions of said corporation
or its employees as are allowed by law
to other persons mot employees, when
the injury results from the negligence
of n superior agent or officer or of a
person having n right to control or
direct the services OF u party injured,
and also when the injury results from
the negligence of fellow servant en-
gagged in another department Of labor
from that of the party injured, or of a
fellow servant on another train of cars,
or one engaged about II different piece
of work. knowledge by any emplyee
injured or of detective or unsafe
character or condition OF any ma
chincry, ways or appliances shall ben
defense to All action for injury caused
thereby. except as to conductors or
engineers il charge of dangerous or
unsafe cars or engines voluntarily oper-
ated by them. When death results
from any injury to employees, the
legal or personal representatives
OF the person injured sh"n h"~o che
same right and remedies as nre allow
ed by law to such representatives of
other persons. Any contract or agree
mcnt. expressed or implied, made by
any emrloye to waive the belefit of
this section shall hc null and void and
this section shall not be construed to
deprive any employee OF corpora
ton, or his legal II personal repre-
sentatives, OF any remedy or right that
he now has by thu law of the land.
The general ASSEMBLY may extend the
remedies herein rovided for to any
other class Of cm' sJecs.
The procee(line' In the court will be
watched with cs ccial interest, as the |
State of South Mrolina was the first
in the world tc lay down rule that
one employee f the company could
make the company pay for un injury |
received thregh the negligence of |
another empyee.
This is lobably one of the first
cases of nilar nature brought in
the State Georgia under the new
constitutio and the result of the
hearing irhe courts will be awaited
with intert by the members OF the
bar and + public generally.