Legal Opinion

Brackett v. Southern Ry.

Supreme Court of South Carolina

Decided April 24, 1911No. 7873PublishedCited by 10 opinions

Before Special Judge W. B. Gruber, Spartanburg, Summer term, 1910. Action by Lucy A. Brackett et al. against Southern Railway. Defendant appeals. cite: The Court has power to require plaintiff to submit to physical examination: 60 S. C. 117; 68 S. C. 246; 88 Am. St. R. 235-; 83 Am.

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Before Special Judge W. B. Gruber, Spartanburg, Summer term, 1910. Action by Lucy A. Brackett et al. against Southern Railway. Defendant appeals. cite: The Court has power to require plaintiff to submit to physical examination: 60 S. C. 117; 68 S. C. 246; 88 Am. St. R. 235-; 83 Am. St. R. 209. Sick passenger should inform carrier of condition if it is required to make provision for his condition: 72 S. C. 114; 78 S. C. 552; 77 S. C. 434; 75 S. C. 355. If plaintiff willed to remain in the cold room she cannot recover: 75 S. C. 355; 69 S. C. 539; 83 S. C. 411; 83 S. C. 448. Duty of carrier in…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Woods.

On January 16, 1909, the plaintiff, Lucy A'. Brackett, purchased at Gaffney a ticket over defendant’s road from that place to Union, South Carolina, and took a train leaving Gaffney about two o’clock p. m., and arriving at Spartanburg about three o’clock p. m. There was no train leaving Spartanburg for Union until about eight o’clock p. m. The five hours intervening between her arrival at Spartanburg and her departure for Union the plaintiff spent in the waiting room at defendant’s station. The plaintiff recovered judgment for $200 on…

2Cases cited1 opinion

  1. Holcombe v. Southern Railway Co.Supreme Court of South Carolina · 1903

3Cited by10 opinions

  1. Wiley v. Rutland RailroadSupreme Court of Vermont · 1913
  2. Chicago, R. I. & P. Ry. Co. v. GilmoreSupreme Court of Oklahoma · 1915
  3. Welsh v. GibbonsSupreme Court of South Carolina · 1948
  4. Eastern Airlines, Inc. v. DixonDistrict Court of Appeal of Florida · 1975
  5. Ex Parte Goodyear Tire and Rubber Co.Supreme Court of South Carolina · 1966

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