Hall v. Northwestern R. R.
Supreme Court of South Carolina
Before Prince, J., Kershaw, spring term, 1907. Action 'by W. J. Hall against Northwestern Railroad Company of South ■Carolina. From judgment for plaintiff, defendant appeals. Messrs.
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Before Prince, J., Kershaw, spring term, 1907. Action 'by W. J. Hall against Northwestern Railroad Company of South ■Carolina. From judgment for plaintiff, defendant appeals. Messrs. Lee & Moise cite: As to assumption of risks: 77 S. C., 328; 184 N. Y., 148; Gadsden v. Catawba Power Co.; 78 S. C., 374, 472; 72 S. C„ 389; 16 S. C., 203; 44 S. C., 315; 55 S. C., 483; 58 S. C., 491; 54 S, C., 553; 69 S. C., 480; 74 S. C., 489; 72 S. C„ 237, 264. If plaintiff assumed a risk, with knowledge of the same, he cannot recover: 61 S. €., 478; 66 S. C„ 211, 302. New trial should be granted where the jwry…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Woods.
The plaintiff, a freight conductor on the defendant’s railroad, went between- two freight cars for the purpose of coupling* them, was caught between the buffers and received personal injuries. On the allegation that his injuries were due to the negligence of the defendant railroad company, a verdict of fifteen thousand dollars was recovered. The Circuit Judge refused a motion for nonsuit, but granted a conditional order for a new trial. The defendant’s counsel, by their exceptions, submit that the motion for nonsuit should have been…
2Cases cited8 opinions
- Schlemmer v. Buffalo, Rochester & Pittsburg Railway Co.Supreme Court of the United States · 1907
- Kennon v. GilmerSupreme Court of the United States · 1889
- Schultz v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1880
- Gardner v. TatumCalifornia Supreme Court · 1889
- Green v. Southern Ry.Supreme Court of South Carolina · 1905
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- Rush v. BlanchardSupreme Court of South Carolina · 1993
- Gwathmey v. Foor Hotel CompanySupreme Court of South Carolina · 1922
- Ford v. A. A. A. Highway Express, Inc.Supreme Court of South Carolina · 1944
- South Carolina State Highway Department v. MillerSupreme Court of South Carolina · 1960
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