Legal Opinion

Turman v. Seaboard Air Line Ry.

Supreme Court of South Carolina

Decided May 8, 1916No. 9390PublishedCited by 7 opinions

Before Hon. C. J. Ramage, special Judge, Camden, Fall term, 1914. Action by Bessie Mae Turman and husband against the Seaboard Air Line Railway and another.

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Before Hon. C. J. Ramage, special Judge, Camden, Fall term, 1914. Action by Bessie Mae Turman and husband against the Seaboard Air Line Railway and another. From a judgment for plaintiffs, the named defendant appeals. cite: As to effect of stipulation on free pass: 226 U. S. 491; 234 U. S. 576. As to punitive damages: 147 U. S. 101; 95 Fed. 657; 112 Fed. 114; 124 Fed. 983; 91 Fed. 462; 128 Fed. 85; 96 Fed. 929. submits: Stipulation not valid as against wilful acts: 192 U. S. 517; 75 S. C. 298; 87 Am. St. Rep. 265; 74 S. C. 102-104; 160 N. C. 196.

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Gage.

Action for injuries to the body, sustained while the plaintiff was a passenger on the defendant’s cars. The jury returned a verdict for the plaintiff.

History: The plaintiff was traveling from Hamlet, in North Carolina, to Savannah, in Georgia. She was riding on a “free pass,” called an employee’s trip pass. On that ticket pass it was provided that the person accepting it agrees that the carrier shall not “be liable under any circumstances, whether of negligence of agent or otherwise, for any injury to the person * * * of the passenger…

2Cases cited1 opinion

  1. Lake Shore & Michigan Southern Railway Co. v. PrenticeSupreme Court of the United States · 1893

3Cited by7 opinions

  1. Berg v. Western Union Telegraph Co.Supreme Court of South Carolina · 1918
  2. Parker v. BissonetteSupreme Court of South Carolina · 1943
  3. De Loach v. Southern Ry. Co.Supreme Court of South Carolina · 1916
  4. Huddy v. Railway Express Agency, Inc.Supreme Court of South Carolina · 1936
  5. Phillips v. Atlantic Coast Line R. Co.Supreme Court of South Carolina · 1931

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