Gilkerson v. Atlantic Coast Line R. Co.
Supreme Court of South Carolina
Before Gary, J., Florence, November, 1915. Action by Y. S- Gilkerson against the Atlantic Coast Line Railroad Company. From a judgment for plaintiff, defendant appeals.
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Before Gary, J., Florence, November, 1915. Action by Y. S- Gilkerson against the Atlantic Coast Line Railroad Company. From a judgment for plaintiff, defendant appeals. The following is the request to charge and modification thereof referred to in the opinion: “1. When a citizen purchases a ticket for transportation on a railroad from one point to another, he is entitled to be transported to the destination on that particular line, to be notified of arrival at destination, and to be furnished time and opportunity for disembarking; and when a railroad company has transported him, given notice…
1Opinion of the Court
The opinión of the Court was delivered by
Mr. Justice Gage.
A former direction of a verdict for the defendant was reversed, and the case now comes back upon appeal from a verdict for the plaintiff for $250. 99 S.' C. 426, 83 S. E. 592, L. R. A. 1915c, 664. There is a sufficient statement of the facts on the former appeal; they are not different now.
The complaint alleges, and the testimony tended to prove, two delicts of the defendant’s servant, the railroad conductor; one in the promise and failure of the conductor to perform his promise to arouse for disembarkation the plaintiff asleep at…
2Cases cited1 opinion
- Gilkerson v. Atlantic Coast Line R. R.Supreme Court of South Carolina · 1914
3Cited by2 opinions
- Murrell v. Charleston & W. C. Ry. Co.Supreme Court of South Carolina · 1920
- Vanderbeck v. Chicago, Milwaukee, St. Paul & Pacific Railway Co.Supreme Court of Iowa · 1930