Legal Opinion

Miller v. Southern Ry.

Supreme Court of South Carolina

Decided April 29, 1904PublishedCited by 7 opinions

Before Purdy, J., Greenville, April, 1903. Action by H. W. Miller against Southern Railway. From judgment for plaintiff, defendant appeals. cites: Delay does not entitle passengers to actual damages, without proof of loss: 10 S. E. R-, 960; Aaron v. Ry., 67 S. C.,; 28 S. C., 157; 40 S. C., 524.' Punitive damages should not be awarded for gross negligence: 60 S. C., 74. cites: Failure to carry passenger entitles him to damages: 64 S. C., 423; 66 Am.

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Before Purdy, J., Greenville, April, 1903. Action by H. W. Miller against Southern Railway. From judgment for plaintiff, defendant appeals. cites: Delay does not entitle passengers to actual damages, without proof of loss: 10 S. E. R-, 960; Aaron v. Ry., 67 S. C.,; 28 S. C., 157; 40 S. C., 524.' Punitive damages should not be awarded for gross negligence: 60 S. C., 74. cites: Failure to carry passenger entitles him to damages: 64 S. C., 423; 66 Am. Dec., 600 ; 52 Miss., 77; 53 S. C., 213; 8 Ency., 551; 62 S. C., 231. There being evidence of any sort of negligence case must go to jury: 65 S.…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Chiee Justice Pope.

On the 7th day of November, 1902, the plaintiff, residing in the city of Greenville, was in the city of Spartanburg on business, and at night applied to the local agent of the defendant in Spartanburg for a ticket on train No. 35, to gO' to- Greenville. The said local agent informed the plaintiff that train No. 35 was twenty minutes late, but sold him a ticket. This train, No. 35, was a through passenger train from Spartanburg to Greenville — a distance of about thirty miles. Said train arrived about twenty minutes late, and the…

2Cases cited2 opinions

  1. Gillman v. Florida Cent. & Pen. R. R.Supreme Court of South Carolina · 1898
  2. Memphis & Charleston Railroad v. GreenMississippi Supreme Court · 1876

3Cited by7 opinions

  1. Davenport v. WOODSIDE COTTON MILLS CO. INC.Supreme Court of South Carolina · 1954
  2. Taber v. Seaboard Air Line Ry.Supreme Court of South Carolina · 1908
  3. Martin v. Southern Ry.Supreme Court of South Carolina · 1907
  4. Jackson v. Southern Ry.Supreme Court of South Carolina · 1907
  5. Llewellyn v. Atlantic Greyhound Corp.Supreme Court of South Carolina · 1944

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