Elkins v. South Carolina & Georgia R. R.
Supreme Court of South Carolina
Before Hudson, special Judge, Barnwell. Action by' Susan T. Elkins, administratrix of Marion Varn, against South Carolina and Georgia Railroad Company. Erom judgment sustaining demurrer, plaintiff appeals. cite: Complaint showing contributory negligence on its face will be dismissed on demurrer: 58 S. C., 491; 42 S. C., 313. At age of fourteen a minor is capable of contributing to his own injury: 16 Ency., 2 ed., 267; 88 Penn.
Read the full summary
Before Hudson, special Judge, Barnwell. Action by' Susan T. Elkins, administratrix of Marion Varn, against South Carolina and Georgia Railroad Company. Erom judgment sustaining demurrer, plaintiff appeals. cite: Complaint showing contributory negligence on its face will be dismissed on demurrer: 58 S. C., 491; 42 S. C., 313. At age of fourteen a minor is capable of contributing to his own injury: 16 Ency., 2 ed., 267; 88 Penn. St., 35; 10 Ga., 207; 58 Md., 347(25 S. C., 24; 27 S. C., 456; 58 S. C., 70. Sanity is always presumed: 16 Ency., 2 ed.. 604; 1 Mill. R., 216; 24 S. C., 439; 2 McC.,…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justicio Pops.
The sole question presented by this appeal is, was the demurrer to the amended complaint herein properly sustained by the Circuit Judge? The amended complaint was as follows (omitting the caption and allegations as to incorporation) :
“1. That On,the 18th day of April, A. D. 1899, Marion Varn, an infant under the age of twenty-one years, was killed on board of one of the cars of the defendant company under circumstances which will hereinafter be set forth.
“2. That thereafter, to wit: on the 1st day of June, the plaintiff was duly…
2Cases cited3 opinions
- Eaton v. Delaware, Lackawanna & Western RailroadNew York Court of Appeals · 1874
- Everhart v. Terre Haute & Indianapolis RailroadIndiana Supreme Court · 1881
- Burns v. Southern Ry.Supreme Court of South Carolina · 1902
3Cited by5 opinions
- Lyon v. Charleston & Western Carolina Ry.Supreme Court of South Carolina · 1907
- Cooper v. Atlantic Coast Line R. R.Supreme Court of South Carolina · 1904
- Talbert v. Charleston & Western Carolina Ry.Supreme Court of South Carolina · 1905
- Thomas v. Denver & Rio Grande RailroadSupreme Court of Colorado · 1915
- Veronee v. Charleston Consol. Ry. & Lighting Co.Supreme Court of South Carolina · 1929