Legal Opinion

Ellis v. Southern Ry. Co.

Supreme Court of South Carolina

Decided October 18, 1905PublishedCited by 25 opinions

Before Klugh, J., Hampton, October, 1904. Action by L. D. Ellis, administratrix of W. J. Ellis, against Southern Railway Co., on following complaint: “The complaint of the above named plaintiff, E. D. Ellis, as administratrix of estate of W. J. Ellis, and in her own behalf and in behalf of the children of the said W. J. Ellis> deceased, respectfully shows to this ■ Court: “I. That at the times hereinafter mentioned, the defendant, Southern Railway Company, was and is now a…

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Before Klugh, J., Hampton, October, 1904. Action by L. D. Ellis, administratrix of W. J. Ellis, against Southern Railway Co., on following complaint: “The complaint of the above named plaintiff, E. D. Ellis, as administratrix of estate of W. J. Ellis, and in her own behalf and in behalf of the children of the said W. J. Ellis> deceased, respectfully shows to this ■ Court: “I. That at the times hereinafter mentioned, the defendant, Southern Railway Company, was and is now a railway corporation, duly chartered and existing under and by the laws of the State of South Carolina, and as such is and…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Gary.

This is an appeal from an order overruling a demurrer to the complaint, on the ground that it does not state facts sufficient to constitute a cause of action. The complaint, together with the exceptions which state the grounds of demurrer, will be set out in the report of the case.

1 The first question which will be considered is whether an agent is personally liable to a third person for an act of nonfeasance causing injury. In vol. 1, pages 288 and 289 of Jaggard on Torts, it is. said: “The thinness and uncertainty of the distinction…

2Cases cited1 opinion

  1. Ellis v. McNaughtonMichigan Supreme Court · 1889

3Cited by25 opinions

  1. Malloy v. FongCalifornia Supreme Court · 1951
  2. Adams v. Fidelity and Casualty Co. of New YorkLouisiana Court of Appeal · 1958
  3. Miller v. MuscarelleNew Jersey Superior Court Appellate Division · 1961
  4. Handley v. LombardiCalifornia Court of Appeal · 1932
  5. Bell v. Clinton Oil MillSupreme Court of South Carolina · 1924

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