Taylor v. Atlantic Coast Line R. R.
Supreme Court of South Carolina
Before Hydrick, J., Colleton, March, 1908. Action by Emily Taylor against Atlantic Coast Line Railroad Company. Upon motion to amend the complaint the Court permitted it amended by inserting in it the words printed below in italics: 9. “That upon arriving at said station of Green Pond, and while leaving the cars and station thereat, and before she had a reasonable time to leave the same, this plaintiff, in the presence of the employees of the defendant company at the depot…
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Before Hydrick, J., Colleton, March, 1908. Action by Emily Taylor against Atlantic Coast Line Railroad Company. Upon motion to amend the complaint the Court permitted it amended by inserting in it the words printed below in italics: 9. “That upon arriving at said station of Green Pond, and while leaving the cars and station thereat, and before she had a reasonable time to leave the same, this plaintiff, in the presence of the employees of the defendant company at the depot of said station, was surrounded by a drunken crowd of colored people, who violently pushed and jostled her, and abused…
1DissentJustice Jones
I am unable to concur in the view that sec. 194 of the Code permits the insertion of a new and distinct cause of action by amendment.
It is contended that the amendment allowed falls within the third class named in said section: “Correcting a mistake in the name of a party or a mistake in any other respect.”
In the first place the record fails to disclose that the amendatory matter was omitted from the original pleading as the result of a bona fide mistake. In the second place, it is straining the language quoted to make it cover the insertion of allegations of a new and distinct cause of…
2Cases cited5 opinions
- Ruberg v. BrownSupreme Court of South Carolina · 1897
- Proctor v. Southern RailwaySupreme Court of South Carolina · 1902
- Leesville Mfg. Co. v. Morgan Wood & Iron WorksSupreme Court of South Carolina · 1906
- Sutton v. Catawba Power Co.Supreme Court of South Carolina · 1904
- Ex Parte PowellSupreme Court of South Carolina · 1906