Parker v. Marlboro Cotton Mills

Supreme Court of South Carolina June 28, 1920

Parker v. Marlboro Cotton Mills, 103 S.E. 512 (S.C. 1920)

114 S.C. 156; 1920 S.C. LEXIS 105

Gary

Opinion of the Court

The opinion of the Court was delivered by

Mr. Chief Justice Gary.

This is an appeal from an order of nonsuit. The allegations of the cómplaint material to the question involved are contained in the third and fourth paragraphs. The answer denied these allegations, and set up the defenses of assumpof risk and contributory and gross negligence." At the close of the plaintiff’s testimony, his Honor, the presiding Judge, granted a nonsuit, on the ground that the plaintiff was confronted with two courses, one of which he knew to be dangerous, nevertheless he pursued the other. ‘

There was testimony tending to sustain the allegations of the complaint. Therefore, the question of proximate cause should have been submitted to the jury; the testimony being susceptible of more than one inference.

Reversed and remanded for a new trial.

Reference

Full Case Name: Parker v. Marlboro Cotton Mills.
Status: Published
Syllabus: Negligence — Proximate Cause Question for Jury. — In a personal injury action where the testimony as to proximate cause is susceptible of more than one inference, the question should be submitted to the jury.