Bowen v. Southern Ry. Co.
Supreme Court of South Carolina
Before Gary, J., Pickens, Action for damages for personal injury by G. W. Bowen against Southern Railway Co. Prom Circuit judgment, defendant appeals. cites: Gross negligence of plaintiff- need not he the proximate cause of the injury: 47 S. C., 115. .cite: As to method of construing charge: 41 S. C., 454; 54 S. C., 91. As to using “and” for “or” in charge: 53 S. C., 124; 54 S. C., 499; 57 S. C., 325. It is negligence per se to fail to give the signals: 41 S. C., 19; 47 S.…
Read the full summary
Before Gary, J., Pickens, Action for damages for personal injury by G. W. Bowen against Southern Railway Co. Prom Circuit judgment, defendant appeals. cites: Gross negligence of plaintiff- need not he the proximate cause of the injury: 47 S. C., 115. .cite: As to method of construing charge: 41 S. C., 454; 54 S. C., 91. As to using “and” for “or” in charge: 53 S. C., 124; 54 S. C., 499; 57 S. C., 325. It is negligence per se to fail to give the signals: 41 S. C., 19; 47 S. C., 381; 51 S. C., 302; 52 S. C., 445; 53 S. C., 124. As to negligence of plaintiff: 39 S. C., 516. What is negligence?…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Gary.
The record contains the following statement of facts: “Action for damges to person and property, $1,950, alleged to have been sustained by G. W. Bowen, plaintiff, in a collision with defendant’s train at a highway crossing, on November 2d, 1898, near Easley, in Pickens County. The action is brought under the statute requiring certain signals to be given by railroad companies as their trains approach a crossing; the negligence alleged being a failure on the defendant’s part to observe said requirements. The defendant answered, denying…
2Cited by23 opinions
- Ford v. Atlantic Coast Line R. Co.Supreme Court of South Carolina · 1932
- Hook Ex Rel. Estate of Summers v. RothsteinCourt of Appeals of South Carolina · 1984
- Cable Piano Co. v. Southern Ry.Supreme Court of South Carolina · 1913
- Easler v. Southern Railway Co.Supreme Court of South Carolina · 1901
- McBride v. Atlantic Coast Line RailroadSupreme Court of South Carolina · 1927
18 more not listed; retrieve them via the Exa API.