Scott v. Atlantic Coast Line R. Co.
Supreme Court of South Carolina
Before Shipp, J., Florence, April, 1915. Action by Otis K. Scott against the Atlantic Coast Line Railroad Company. Judgment for plaintiff. From an order granting a new trial, plaintiff appeals.
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Before Shipp, J., Florence, April, 1915. Action by Otis K. Scott against the Atlantic Coast Line Railroad Company. Judgment for plaintiff. From an order granting a new trial, plaintiff appeals. The facts are stated in the dissenting opinion of Mr. Justice Gage, reported herewith. cite: As to amendment of complaint: 101 S. C. 86; 51 S. C. 412; 81 S. C. 564; 83 S. C. 557; 87 S. C. 239; 85 S. C. 450; 86 S. C. 98; 55 S. C. 98; 74 S. C. 236; 32 S. C. 117; 82 S. C. 410; 101 S. C. 29. Cause of action: 64 S. C. 491; 74 S. C. 236; 33 R. I. 289; A. & E. Ann. Cas. 1913d, 730 and 743. Cases of injuries…
1Dissent
The plaintiff, a railroad conductor, sued the defendant for a tort under the Federal Employers' Liability Act (act April 22, 1908, c. 149, 35 Stat. 65 [U.S. Comp. St. 1913, secs. 8657 8665]). The verdict was for the plaintiff, the defendant moved the Circuit Court for a new trial, and the motion was granted for error of law. This appeal is from that order.
The motion for a new trial was made on: (1) The same 12 grounds which had aforetime been urged for a directed verdict; and (2) on the further single ground that the Court erred in the allowance of a certain amendment to the complaint…
2Cases cited4 opinions
- Daughty v. Northwestern RailroadSupreme Court of South Carolina · 1912
- Booth v. Langley Mfg. Co.Supreme Court of South Carolina · 1898
- State v. ScheperSupreme Court of South Carolina · 1891
- Ahrens v. State BankSupreme Court of South Carolina · 1872