Turbyfill v. Atlanta & Charlotte Air Line Ry.
Supreme Court of South Carolina
Before DeVorE, J., Spartanburg, October term, 1909. Action by I. M. Turbyfill, as administrator of Belinda R. Hand, against Atlanta and Charlotte Air Line Railway Company.
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Before DeVorE, J., Spartanburg, October term, 1909. Action by I. M. Turbyfill, as administrator of Belinda R. Hand, against Atlanta and Charlotte Air Line Railway Company. From judgment for plaintiff, the defendant appealed- on the grounds that his Honor erred: 1. “In allowing the witness, I. M. Turbyfill, to be asked the following questions: Q. ‘Was that a dangerous crossing or not?’ Q. ‘Did you consider it so?’ And in permitting him against the objection of the defendant, to answer the same. And- also in permitting the following questions to lie asked the witness, Parker Grier: Q. ‘Was that…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Gary.
This is an a.ction for damages alleged to have been sustained through the wrongful acts of the defendant in causing the death of plaintiff’s intestate.
The complaint alleges: “That at Duncans, S. C., the railroad crosses the public highway. That on the 9th day of November, 1906, Miss Belinda Rutledge Hand was traveling along said highway when she was struck and killed at said crossing by the engine of a train, operated by the Southern Railway Company, under and by virtue of its lease or other contract with the defendant company. That…
2Cases cited10 opinions
- Pickens v. South Carolina & Georgia R. R.Supreme Court of South Carolina · 1899
- Trimmier v. Atlanta & Charlotte Air Line Ry.Supreme Court of South Carolina · 1908
- Bowen v. Southern Ry. Co.Supreme Court of South Carolina · 1900
- Weaver v. Southern Ry.Supreme Court of South Carolina · 1907
- State v. AughtrySupreme Court of South Carolina · 1897
5 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- 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
- Lundy v. Southern Bell Telephone & Telegraph Co.Supreme Court of South Carolina · 1911
- Bailey v. SmithSupreme Court of South Carolina · 1925
- Jones v. DagueSupreme Court of South Carolina · 1969
1 more not listed; retrieve them via the Exa API.