Legal Opinion

Fowles v. Seaboard Air Line Ry.

Supreme Court of South Carolina

Decided February 27, 1906Published

Before Gary, J., Richland. Action by J'. Johnstone Fowles against Seaboard Air Line Railway in magistrate court. From1 judgment affirming judgment of magistrate, defendant appeals. cite :■ Rule in Danner’s case does wot apply to dogs: 10 Rich., 52; 55 S. C., 334. Dog tradlmg near track is not entitled to crossing signals: 33 S. C., 147; 39 S. C., 514; 59 S. C., 247. Degree of care required tozmrd dogs: 54 S. C., 483; 37 L. R. A., 659; 48 S. E. R., 822. cites: Magistrate has…

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Before Gary, J., Richland. Action by J'. Johnstone Fowles against Seaboard Air Line Railway in magistrate court. From1 judgment affirming judgment of magistrate, defendant appeals. cite :■ Rule in Danner’s case does wot apply to dogs: 10 Rich., 52; 55 S. C., 334. Dog tradlmg near track is not entitled to crossing signals: 33 S. C., 147; 39 S. C., 514; 59 S. C., 247. Degree of care required tozmrd dogs: 54 S. C., 483; 37 L. R. A., 659; 48 S. E. R., 822. cites: Magistrate has jurisdiction of foreign corporation complying with laws for doing business in this State: Chap-. XDIV., Code 1903; Code…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Woods.

The plaintiff recovered judgment in the court of Magistrate Robert Moorman, Esq., for $75, the alleged value of a Red Bone fox hound killed by the defendant’s train of cars. The judgment of the Circuit Court affirming the judgment of the magistrate must be reversed on the ground that there was no evidence of negligence. The proof was that the dog was killed by the train while trailing around the track near the public crossing. The act of the defendant alleged to be negligent and on ivhich, as stated by the magistrate, the judgment w&s…

2Cases cited3 opinions

  1. Sims v. Southern Railway Co.Supreme Court of South Carolina · 1901
  2. Neely V. Railroad Co.Supreme Court of South Carolina · 1890
  3. Kinard v. Columbia &c. R. R.Supreme Court of South Carolina · 1893

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