Dyson v. Southern Ry.
Supreme Court of South Carolina
Before Gage, J-, Richland, October term, 1908. Action by Thos. J. Dyson against Southern Railway. From judgment for plaintiff, defendant appeals on following exceptions: 1. “Excepts because his Honor erred in refusing defendant’s motion for a nonsuit as to the cause of action for punitive or exemplary damages, made on the ground that there was no evidence introduced to warrant any such damages in this case. 2. “Excepts because his Honor erred in refusing to grant the motion…
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Before Gage, J-, Richland, October term, 1908. Action by Thos. J. Dyson against Southern Railway. From judgment for plaintiff, defendant appeals on following exceptions: 1. “Excepts because his Honor erred in refusing defendant’s motion for a nonsuit as to the cause of action for punitive or exemplary damages, made on the ground that there was no evidence introduced to warrant any such damages in this case. 2. “Excepts because his Honor erred in refusing to grant the motion to direct a verdict in favor of the defendant, upon the ground: ‘That the undisputed evidence showing that plaintiff,…
1DissentJustice Gary
This is an action for damages, alleged to have been sustained by the plaintiff, through the wrongful acts of the defendant.
The complaint alleges, that on the 15th of November, 1905, the plaintiff was going down Taylor street, in Columbia, S. C., when, upon reaching the corner of Taylor and Pulaski streets, where defendant’s main line and other tracks pass, he found Taylor street blocked by defendant’s freight cars; that in order to proceed on his way, he was compelled to pass through an aperture about ten feet wide; that in crossing said main line on Taylor street he was struck by the engine…
2Cases cited7 opinions
- Strother v. So. Ca. & Ga. R. R.Supreme Court of South Carolina · 1896
- Bowen v. Southern Ry. Co.Supreme Court of South Carolina · 1900
- Hankinson v. Charlotte &c. R. R.Supreme Court of South Carolina · 1894
- Harbert v. Atlanta & Charlotte Air Line Ry. Co.Supreme Court of South Carolina · 1907
- Smith v. Southern RailwaySupreme Court of South Carolina · 1898
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