Mack v. South Bound R. R.
Supreme Court of South Carolina
Before Buchanan, J., Rexington, September, 1896. Action by Stewart Spearman Mack, by guardian ad litem, against South Bound Railroad Company and by Barnett Salley Mack against same. Judgment in both cases for plaintiffs.
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Before Buchanan, J., Rexington, September, 1896. Action by Stewart Spearman Mack, by guardian ad litem, against South Bound Railroad Company and by Barnett Salley Mack against same. Judgment in both cases for plaintiffs. Defendant appeals. cite: Statutory signals at public crossings are intended only for benefit of public crossing at them: 33 S. C., 136; 34 S. C., 444; 39 S. C., 514. No recovery for injury sustained at other places on railroad than public crossings, except in cases of gross negligence: 12 S. E. R., 555; 13 S. E. R., 137; 22 C. C. Ap. Rep., 121; 58 N. W. R., 79; 44 Cent. R.…
1Opinion of the Court
The opinion of the Coiirt was delivered by
Mr. Justice Gary.
The above entitled actions were commenced on the 15th of August, 1895, and by consent were tried together before his Honor, Judge Buchanan, and a jury, at the September, 1897, term of the Court for Rexington County. The 5th paragraph of the first cause of action in the first of the above entitled actions is as follows: 5. “That on the afternoon of the said mentioned day, between 6 and 7 o’clock, the plaintiff, Stewart Spearman Mack, as was his wont and customary duty, was sent by his father to drive the cows from the pasture, which…
2Cases cited6 opinions
- Milwaukee & Saint Paul Railway Co. v. KelloggSupreme Court of the United States · 1877
- Mitchell v. . Rochester Railway Co.New York Court of Appeals · 1896
- Purcell v. St. Paul City Ry. Co.Supreme Court of Minnesota · 1892
- Meagher v. DriscollMassachusetts Supreme Judicial Court · 1868
- Ewing v. Pittsb. C. & St. L. Ry. Co.Supreme Court of Pennsylvania · 1892
1 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Gates v. RichardsonWyoming Supreme Court · 1986
- Robb v. Pennsylvania Railroad CompanySupreme Court of Delaware · 1965
- Ford v. Atlantic Coast Line R. Co.Supreme Court of South Carolina · 1932
- Hansson v. Scalise Builders of SCSupreme Court of South Carolina · 2007
- D'Ambra v. United StatesDistrict Court, D. Rhode Island · 1973
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