Jackson v. Southern Ry.
Supreme Court of South Carolina
Action by W. F. Jackson', Jr., against Southern Ry.— Carolina Division and Southern Ry. Co. From judgment for plaintiff, defendants appeal. cites: A station agent is not ordinarily held to he a vice-principal: 2 Rabat on M. & S., sec. 508; 26 Pac., 70; 70 S. C., 95; 71 S. C., 53; 72 S. C., 237; 22 S. C., 558. The doctrine of fellow servant is not based on equality in the matter of doing the work: 22 S. C., 558; 55 S. C., 483; 70 S. C., 95; 71 S. C., 53; 72 S. C., 243, 264;…
Read the full summary
Action by W. F. Jackson', Jr., against Southern Ry.— Carolina Division and Southern Ry. Co. From judgment for plaintiff, defendants appeal. cites: A station agent is not ordinarily held to he a vice-principal: 2 Rabat on M. & S., sec. 508; 26 Pac., 70; 70 S. C., 95; 71 S. C., 53; 72 S. C., 237; 22 S. C., 558. The doctrine of fellow servant is not based on equality in the matter of doing the work: 22 S. C., 558; 55 S. C., 483; 70 S. C., 95; 71 S. C., 53; 72 S. C., 243, 264; 63 S. C., 559. Master is not liable for negligence of incompetent servant if he has exercised due care in selecting him:…
1Concurrence
I concur in the judgment for reversal. The testimony in view of the decision on the former appeal in this case, 73 S.C. 572, 54 S.E., 231, leaves no room to doubt that plaintiff was fellow-servant with Wilson in the matter of moving the cars from the threatening fire and that the failure of Wilson to uncouple the cars, as directed by Carothers, representing the master, was the proximate cause of the injury. The plaintiff testified that just before he went in between the cars to push with Wilson, he heard Carothers direct Wilson to uncouple the cars and that he supposed the order had been…
2Cases cited4 opinions
- Hicks v. Southern Ry.Supreme Court of South Carolina · 1902
- Branch v. Port Royal &c. Railway Co.Supreme Court of South Carolina · 1892
- Jackson v. Southern RailwaySupreme Court of South Carolina · 1906
- Smalley v. Atlanta & Charlotte Air Line Ry. Co.Supreme Court of South Carolina · 1906