Legal Opinion

Donald v. A.C.L.R. R. Co.

Supreme Court of South Carolina

Decided August 1, 1921No. 10685PublishedCited by 5 opinions

Before Sease, J., Charleston, October, 1920. Action by Margaret T. Donald, as Administratrix of Michael J. Murphy, deceased, against Atlantic Coast Dine Railroad Co. Judgment for plaintiff and defendant appeals. cite: Verdict should have been directed: 94 S'. C., 145; 72 S. C., 389; 76 S. C., 368; 78 S. C„ 379; 81 S. C„ 193; 106 S. C., 123; 106 S. C., 317. Verdict exonerates servant co-defendant and no judgment should be ^entered against company. 65 S. C., 341; 104 S. C.,…

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Before Sease, J., Charleston, October, 1920. Action by Margaret T. Donald, as Administratrix of Michael J. Murphy, deceased, against Atlantic Coast Dine Railroad Co. Judgment for plaintiff and defendant appeals. cite: Verdict should have been directed: 94 S'. C., 145; 72 S. C., 389; 76 S. C., 368; 78 S. C„ 379; 81 S. C„ 193; 106 S. C., 123; 106 S. C., 317. Verdict exonerates servant co-defendant and no judgment should be ^entered against company. 65 S. C., 341; 104 S. C., 266; 106 S. C„ 20; 109 S. C., 145; 113 S. C„ 522; 11 D. R. A., 352; 30 D. R. A., 404; 9 D. R. A., 880; 2 D. R. A, 764.…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Watts.

This is an appeal from a judgment entered on a verdict for $5,000 in favor of plaintiff against defendant, as damages, by reason of the death of Michael J. Murphy, an employe of the defendant railroad company, due to injuries alleged to have been caused by the negligent and wanton acts of the defendant. The cause was tried by Judge Sease and a jury at the October term of Court, 1920, for Charleston County; at the trial his Honor eliminated from the jury the question of punitive damages.

The exceptions, three in number, raise the…

2Cited by5 opinions

  1. Miller v. Atlantic Coast Line RailroadSupreme Court of South Carolina · 1926
  2. Miller, Administrator v. A.C.L.R. Co.Supreme Court of South Carolina · 1926
  3. Currie v. Davis, Agent, Etc.Supreme Court of South Carolina · 1923
  4. Pettis v. Standard Oil Company of N.J.Supreme Court of South Carolina · 1935
  5. Stefanuto v. Market Street Railway Co.California Court of Appeal · 1938

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