Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-10-05
COURT I!|'I ]. DECISIONS | J. |!
Notes Of Cases Recently Decided,
S:5 Which are Of Interest to
Our People.
DrGESTEDBY W.Bs MARTIN.
(Excluslvely for virEinian-P llot)
oW1NGs v. MoNEYNIcK OIL MILL

/ oWINGs ". AfoNEYNICK OIL MILL.
s, Supreme Court of South Carolina.
Z 5sSs;s July 10, 1899.
sAsPARTY EMPLOYING A CARPEN-
szF TER TO WORK ON HIS HOUSE.
OVER WHICH WE'RE ELECTRIC
ssWIRES STRETCHED BY AN
a OTHER, WHICH WE'RE KNOWN
ITO THD EMPLOYEE. IS NOT
BOUND TO WARN HIM OF THE
s DANGER OF CONTACT WITH
SUCH WIRES, NOR IS HE LIABLE
KS FOR ANY INJURY RECEIVED BY
THE EMPLOYEE FROM SUCH
s. CONTACT.
This was on action for damages for
Injury to plaintiff from coming in
!, contact with tho electric wires which
We're stretched above defendants build
Ing, upon which plaintiff was at work
as g carpenter, he having been employ
ed by defendant There was judg-
ment Tor plaintiff and defendant ap-
pealed.
The court says:
AS we have said, the only negligence
alleged in the complaint, to which alone
the testimony was directed, was the
failure to warn the plaintiff Of the dam
ger TO which he was exposed, when he
was put to work on the roof Of the
building, from the electric wires, and
bne onoy danger was from coming in
contact With the wires; for 1t is not and
cannot be pretended that there was
any more danger in working on the
roof Of this building than on any other
building OF similar height, unless he
came In contact With the wires. So that
the only danger against which It could,
Dy INV Dn9Sihilifv ha nI1fp ,oJ l..
haVe been warned. was the danger of
coming In contact with the wires.
Ihe Well-settled rule, MS we under
stand 1T, is that 1t is the duty of the
master, when a servant Is set to work
at dangerous place. or with danger
GUS machinery or other appliances, to
warn the servant Of the danger to-
which he Is exposed, where he knows,
or ought to know, that the servant is
not aware Of the danger, and It is neg
!igence on the part of the master to
1all TO give such warning in such a
case. But where the servant knows the
oangerous nature of the situation in
MnlGh ne IS required TO work. or of the
1nachlnery or other appliance which he
IS to use. such warming would not only
be useless, but would be absurd
In the light OF these principles. let
us proceed to the examination of the
facts or this case. with view to ascer-
tam whether there Is any testimony
tending to show any negligence on the
part of the defendant AS we have
seen, the negligence charged consists in
the failure of the employer to give the
warning to the employe; but. if such
warming was not shown to be ncces-
sary, there was no duty on the part of
the employer. and hence no negligence.
mere was not only no testimony in the
case tending to show that the plaintiff
was Ignorant of the danger to which
ne was exposed in being put to work
near the electric wire but III shows an
the contrary, that the plaintIff was full
~ aware OF the danger, and hence no
warning was necessary. The plaintiffs
own testimony shows that he was fully
aware OF the danger Of coming In con-
tact with the electric wires; that he
knew that mill No. Of the Pelzer Com
pany was run by electricity. and that
the mill was running at the time
ana therefore he was bound to know
Inat Inc wires were charged with cleo
sriclty. Any warning which might
nave been given would have boen an
tirely useless, and therefore tho defend-
ant neglected no duty in failing to give
such warning. There Is no testimony
Whatever that the defendant either
knew, or ought to have known. thar tt1e
de1endant was Ignorant of the danger
put, on the contrary, the undisputcd
iioi's, Eli Oh winch was adduccd
by the plaintiff. that 1t was cenero1lv
known in that community. that electric
wires We're dangerous, was we'll calcu-
lated TO induce the defendant to nrn-
sumo that the plaintiff was fully IN
Formed Of the danger, and therefore
that no warning was necessary. and
that this presumption is we'll founded
IN Iact IS fnlly shown by the explicit
ADMISSION OF the plaintiff, while on the
stand as a witness, that he knew Of tbs
danger u '"e