Hull v. Seaboard Air Line Ry.
Supreme Court of South Carolina
Before Ktugh, J., York, April Term, 1906. Action by J. O. Hull administrator de bonis non of Anne S. McManus against Seaboard Air Tine Ry. From judgment for plaintiff, defendant appeals. Mr. Glenn cites: Malice is essential to recovery for punitive damages: 54 S. C., 507; 2 Suth. on Dam., 1093; 69 S- C., 444; 60 S. C., 57; 29 Ted.
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Before Ktugh, J., York, April Term, 1906. Action by J. O. Hull administrator de bonis non of Anne S. McManus against Seaboard Air Tine Ry. From judgment for plaintiff, defendant appeals. Mr. Glenn cites: Malice is essential to recovery for punitive damages: 54 S. C., 507; 2 Suth. on Dam., 1093; 69 S- C., 444; 60 S. C., 57; 29 Ted. R., 238; 91 U. S., 374; 12 Ency., 23. As to the constitutionality of the amendment to the statute permitting punitive damages: 53 S. C., 456; 60 S. C., 413, 72. Mr.' McCaw cites: Punitive damages are only allowed where there is misconduct or malice: 2 Suth. on Dam.,…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Gary.
This is an action for damages, alleged to have been sustained as a result of the negligent, wilful, reckless and wanton conduct of the defendant, causing the death of plaintiff’s intestate.
The complaint alleges that Mrs. Annie E. McManus, being a passenger 'on defendant’s train, came to her death in the following manner: that when the train was passing over the trestle near Catawba River, the trestle gave way and the coach in which she was traveling, as well as the entire train, fell to the ground; that very shortly after the falling…
2Cases cited9 opinions
- Pickens v. South Carolina & Georgia R. R.Supreme Court of South Carolina · 1899
- Garrick v. Florida Central & Peninsular R. R.Supreme Court of South Carolina · 1898
- Watts v. South Bound R. R.Supreme Court of South Carolina · 1901
- Dagnall v. Southern Ry.Supreme Court of South Carolina · 1904
- Griffin v. Southern Ry.Supreme Court of South Carolina · 1903
4 more not listed; retrieve them via the Exa API.
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- Lee v. LottCourt of Appeals of Georgia · 1934
- McClaugherty v. Rogue River Electric Co.Oregon Supreme Court · 1914
- Briscoe v. Laminack Tire Service, Inc.Court of Appeals of Texas · 1977
- State v. WardSupreme Court of Minnesota · 1914
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