Batson v. Greenville & Knoxville Ry. Co.
Supreme Court of South Carolina
Before DeVore, J., Greenville, November term, 1912. Action by W. Y. Batson, administrator of J. Asa Batson, . against the Greenville & Knoxville Railway Company. Defendant appeals.
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Before DeVore, J., Greenville, November term, 1912. Action by W. Y. Batson, administrator of J. Asa Batson, . against the Greenville & Knoxville Railway Company. Defendant appeals. Mr. Mauldin cites: Carelessly driving on a public crossing is gross negligence: 86 S. C. 385; 76 S. C. 379; 94 S. C. 143. cite: Judge should not state what things make negligence: 51 S. C. 453; 53 S. C. 448; 61 S. C. 556. There was evidence sufficient to carry issue of wilfulness to jury: 82 S. C. 327; 90 S. C. 266; 85 S. C. 25.
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Fraser.
This is an action for the killing of plaintiff’s intestate at the crossing of a public highway and the railroad.
All the exceptions refer to the charge of the presiding Judge and the facts upon which the suit is based need not be set out.
The first and second exceptions are as follows:
1 1. “His Honor erred in not charging the third request submitted: Tf a person carelessly drives upon a railway crossing in front of an approaching train, by the exercise of slight care, he could and would have known that the train was approaching, and…
2Cited by1 opinion
- Brogdon v. Northwestern Railroad Co. of S.C.Supreme Court of South Carolina · 1927