Free v. Southern Ry.
Supreme Court of South Carolina
B.efore Prince, J., Spartanburg, Action; by John Free, administrator of Jules Free, against Southern Ry. From order of nonsuit, plaintiff appeals. cites: As to construction of N. C. Statutes: 70 S. C., 256. Issue of contributory negligence is for jury: 75 S. C., 73; 60 S. C., 9. Motion for nonsuit should not be reinforced by additional ground after trial: 54 S. C., 226; 22 S. C., 560; 35 S. C., 609; Voorhees’ Code, 380(g). cite: N. C. Statute should not have been set up by…
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B.efore Prince, J., Spartanburg, Action; by John Free, administrator of Jules Free, against Southern Ry. From order of nonsuit, plaintiff appeals. cites: As to construction of N. C. Statutes: 70 S. C., 256. Issue of contributory negligence is for jury: 75 S. C., 73; 60 S. C., 9. Motion for nonsuit should not be reinforced by additional ground after trial: 54 S. C., 226; 22 S. C., 560; 35 S. C., 609; Voorhees’ Code, 380(g). cite: N. C. Statute should not have been set up by reply: Code of Proc., 163, 174; 66 S. C, 91. Statute of another State can only be proved by printed volume: 70 S. C.,…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Woods.
Jules Free, an employee of the Southern Railway Company, was killed by one of its engines in September, 1904, at Charlotte, N. C.
His father, John Free, qualified as administrator in this State and brought this action to recover damages. The complaint contains this allegation: “That under the law of the State of North Carolina, known as the Rord Campbell Act, the defendant, by the said wrongful killing of Jules Free, became liable to this plaintiff as administrator, for. the benefit of his parents, for the damages caused by the said…
2Cases cited10 opinions
- Huntington v. AttrillSupreme Court of the United States · 1892
- Dennick v. Railroad Co.Supreme Court of the United States · 1881
- Texas & Pacific Railway Co. v. CoxSupreme Court of the United States · 1892
- Stewart v. Baltimore & Ohio RailroadSupreme Court of the United States · 1897
- Leonard v. . Columbia Steam Navigation Co.New York Court of Appeals · 1881
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3Cited by5 opinions
- Copeland v. CraigSupreme Court of South Carolina · 1940
- Elkin v. Southern RailwaySupreme Court of South Carolina · 1930
- Driggers v. Atlantic Coast Line R.Supreme Court of South Carolina · 1928
- Free v. Southern RailwaySupreme Court of South Carolina · 1909
- Free v. Southern Ry.Supreme Court of South Carolina · 1909