Dennis v. Atlantic Coast Line R. R.
Supreme Court of South Carolina
Before Gage, J., Florence, March, 1903. Action by Cornelia A. Dennis, adtnx. of Frank McGowan, against Atlantic Coast Dine Railroad Co. From judgment sustaining demurrer to complaint, plaintiff appeals. cites: The Act of N. C. is independent of the Lord Campbell’s Act: 124 N. C., 222; 127 U. S., 205. cite; Poreign statute must be pleaded: 27 S. C., 458; 66 S. C., 91; 103 U. S., 11; 33 Am. R., 666; 38 Am. R., 493; 56 Am. R., 200; 22 Am. St. R., 804; 54 Am. R., 39; 54 Am.
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Before Gage, J., Florence, March, 1903. Action by Cornelia A. Dennis, adtnx. of Frank McGowan, against Atlantic Coast Dine Railroad Co. From judgment sustaining demurrer to complaint, plaintiff appeals. cites: The Act of N. C. is independent of the Lord Campbell’s Act: 124 N. C., 222; 127 U. S., 205. cite; Poreign statute must be pleaded: 27 S. C., 458; 66 S. C., 91; 103 U. S., 11; 33 Am. R., 666; 38 Am. R., 493; 56 Am. R., 200; 22 Am. St. R., 804; 54 Am. R., 39; 54 Am. R., 105; 13 Ency. P & P., 277, et seq; 4 R. R. R., 504; 50 Am. R., 683. The limitation in the Lord Campbell’s Act of North…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Gary.
Frank McGowan, a resident of South Carolina, was an engineer in the employment of the defendant, and was killed in North Carolina by the wreck of an engine he was running, on the 10th November, 1900, more than one year before this action was commenced by his administratrix. It is alleged that the death of the intestate was caused by defects in the machinery and appliances he was operating, and that the defendant had notice of such defects.
An agreement between counsel is set out in the record, in which appears the following statements:…
2Cases cited9 opinions
- Huntington v. AttrillSupreme Court of the United States · 1892
- Dennick v. Railroad Co.Supreme Court of the United States · 1881
- Slater v. Mexican National RailroadSupreme Court of the United States · 1904
- Stewart v. Baltimore & Ohio RailroadSupreme Court of the United States · 1897
- Northern Pacific Railroad v. BabcockSupreme Court of the United States · 1894
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3Cited by25 opinions
- Bement v. Grand Rapids & Indiana Railway Co.Michigan Supreme Court · 1916
- Ford, Bacon & Davis, Inc. v. VolentineCourt of Appeals for the Fifth Circuit · 1933
- Partee v. St. Louis & S. F. R. Co.Court of Appeals for the Eighth Circuit · 1913
- Wabash Railroad Co. v. HassettIndiana Supreme Court · 1908
- Dowell v. CoxSupreme Court of Virginia · 1908
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