Caveny v. Neely
Caveny v. Neely
Opinion of the Court
The opinion of the court was delivered by
This was an action for damages brought against the defendant by the plaintiff, who fell or was thrown from defendants’ hack while being driven from the business part of Bock Hill to Oakland Park, on the outskirts of the city. Paragraph 4 of the complaint alleges negligence as follows: “That soon after said vehicle began its trip, and while in the streets of said town, owing to the carelessness and negligence of defendant’s servant conducting the same, it was allowed to come in collision with and driven against a post standing >near the street, causing the breaking of the pole or tongue of said
It is the judgment of this court, that the appeal be dismissed, and the judgment of the Circuit Court be affirmed.
Reference
- Full Case Name
- CAVENY v. NEELY
- Status
- Published
- Syllabus
- 1. Carriers — Negligence.—In action to recover damages for injuries received by plaintiff while a passenger on defendant’s hack, testimony in support of the allegations of the complaint is competent to show carelessness and negligence on the part of defendant’s servant, the driver of the hack, in producing the alleged injury, by abandoning the hack as well as in driving against a pole. 2. Ibid. — Ibid.—Charging Juries. — The trial judge did not err- in failing to limit the jury to one act of negligence where he was not requested so to charge, and where the complaint alleged, and there was evidence tending to show, other acts of negligence. 3. Ibid. — Ibid.—The trial judge did not err in charging that the master must provide suitable appliances for the conduct of his servants, and, as carriers of passengers for hire, are bound to furnish good vehicles and skillful servants, there being testimony tending to show that the vehicle was not a suitable one to convey the number of passengers received, and that the driver was not skillful.