Bennett v. Columbia Electric Street Railway, Light & Power Co.
Supreme Court of South Carolina
Before Wilson, J., Richland, November term, 1911. Action by Thomas Bennett, Guardian of H. P. Bennett, against Columbia Electric Street Railway, Right and Power Co. Defendant appeals. cite-: If proof of zvilfulness be doubtful, the proof will be held to establish negligence: 79 S. C. 211; 82 S. C. 93; 84 S. C. 484. What is evidence of wilfulness: 6 Rich. 52; 3 Black.
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Before Wilson, J., Richland, November term, 1911. Action by Thomas Bennett, Guardian of H. P. Bennett, against Columbia Electric Street Railway, Right and Power Co. Defendant appeals. cite-: If proof of zvilfulness be doubtful, the proof will be held to establish negligence: 79 S. C. 211; 82 S. C. 93; 84 S. C. 484. What is evidence of wilfulness: 6 Rich. 52; 3 Black. Com. 367; 16 Cyc. 847; 54 S. C. 500; 34 S. C. 324; 82 S. C. 92; 60 S. C. 74; 83 S. C. 87; 79 S. C. 211; 84 S. C. 484, 15; 91 S. C. 305. cites: Bvidence shows motorman was reckless: 88 S. C. 7; 90 S. C. 308; 61 S. C. 556; 89 S. C.…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Chiee Justice Gary.
This is an actioñ for damages, alleged to have been sustained by the plaintiff, when he was about a year and a half old, through the negligence and recklessness of the defendant.
The allegations of the complaint, material to the questions involved, are as follows:
“That on or about August 7, 1910, the defendant, while running one of its cars on its tracks, through the Olympia Mill village, on Olympia avenue, at or near its intersection with Ninth street, which is also one of the public highways, of said Olympia Mill village, on a…
2Cases cited11 opinions
- State v. AdamsSupreme Court of South Carolina · 1904
- Deberry v. YoungTennessee Supreme Court · 1851
- Mason v. Southern Ry.Supreme Court of South Carolina · 1900
- Jennings v. Edgefield Mfg. Co.Supreme Court of South Carolina · 1905
- State v. DurantSupreme Court of South Carolina · 1911
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3Cited by2 opinions
- Leppard v. Southern Ry. Co.Supreme Court of South Carolina · 1934
- Burns v. KendallSupreme Court of South Carolina · 1914