Cunningham v. Columbia, Newberry & Laurens Railroad
Supreme Court of South Carolina
Before DlVore, J., Laurens, Action by L. H. Cunningham against Columbia, New-berry and Laurens R. R. Co. Defendant appeals. cite: Ordinance as to stopping trains at crossings is not for passengers alighting: 66 S. C. 528; 111 N. W. 390; 4 Elliott 1624a.
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Before DlVore, J., Laurens, Action by L. H. Cunningham against Columbia, New-berry and Laurens R. R. Co. Defendant appeals. cite: Ordinance as to stopping trains at crossings is not for passengers alighting: 66 S. C. 528; 111 N. W. 390; 4 Elliott 1624a. Conductor had no authority-to bind company by promise to stop: 1 Elliott, sec. 302; 67 Fed. 522; 1 Elliott Ev., sec. 72. Contributory negligence by plaintiff: 85 S. C. 216; 81 S. C. 100; 58 S. C. 495; 90 S. C. 414; 61 S. C. 468. cite: Plaintiff was not negligent: 61 S. C. 345; 62 S. C. 130. Authority of conductor to stop: 75 S. C. 355.
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Watts.
This action was for actual and punitive damages brought by the plaintiff against the defendant for $10,000, for alleged personal injuries to the plaintiff’s foot, incurred at Fleming street crossing, in the city of Laurens. Plaintiff alleged that his injury was due to the careless, negligent, wrongful, wilful, and unlawful acts of the defendant in not causing its train to come h> a full stop at Fleming street crossing, so that plaintiff could alight from the train, after he had been told by the defendant’s conductor that the train…
2Cases cited3 opinions
- Doolittle v. Southern Ry.Supreme Court of South Carolina · 1901
- Whitcomb v. MandervilleSupreme Court of South Carolina · 1912
- Wilcox v. Southern Ry.Supreme Court of South Carolina · 1912
3Cited by2 opinions
- Gaynor v. Atlantic Greyhound CorporationCourt of Appeals for the Third Circuit · 1950
- McBride v. Atlantic Coast Line RailroadSupreme Court of South Carolina · 1927