Lawson v. Southern Railway
Supreme Court of South Carolina
Before Aldrich, J., Union, September term, 1910. Action by Charles N. Lawson, administrator of William Lawson, against Southern Railway Company, J. D. Brunson), J. B. Hall and O. J. Meyer.
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Before Aldrich, J., Union, September term, 1910. Action by Charles N. Lawson, administrator of William Lawson, against Southern Railway Company, J. D. Brunson), J. B. Hall and O. J. Meyer. Plaintiff appeals. cite: The usual and customary way of doing things is not the test of due care: 74 S. C. 142; 61 S. C. 468; 60 S. C. 168; 25 S. C. 24. .Stating what facts constitute due care is a charge on the facts: 61 S. C. 563; 51 S. C. 460. Failure to give statutory .signal is negligence per se; and not evidence of negligence: 58 S. C. 227. What facts constitute negligence is for the jury: 61 S. C.…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Fraser.
This is an action for damages' for negligence of the defendant in die killing- of the plaintiff’s intestate, William Lawson, on the line of defendant’s' railway, at a public crossing, known as the Buffalo Crossing-, in the town of Union, in Union county, in this State, on the 31st day of July, 1909.
The specifications of negligence were:(a) “In that the said defendant ran the said tender car and train of cars attached to the said locomotive engine on and over the said railroad track, and within the incorporate limits of the town of…
2Cases cited4 opinions
- Edwards v. Southern Ry.Supreme Court of South Carolina · 1902
- Lee v. Northwestern R. R.Supreme Court of South Carolina · 1909
- Tinsley v. Western Union Tel. Co.Supreme Court of South Carolina · 1905
- Douglass v. Southern Ry.Supreme Court of South Carolina · 1908
3Cited by15 opinions
- Cable Piano Co. v. Southern Ry.Supreme Court of South Carolina · 1913
- Miller v. Atlantic Coast Line RailroadSupreme Court of South Carolina · 1926
- Miller, Administrator v. A.C.L.R. Co.Supreme Court of South Carolina · 1926
- Bober v. Southern Railway Co.Supreme Court of South Carolina · 1929
- Ritter v. Atlantic Coast Line R. R.Supreme Court of South Carolina · 1915
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