Legal Opinion

Osteen v. Southern Railway Co.

Supreme Court of South Carolina

Decided August 27, 1915No. 9184PublishedCited by 2 opinions

Before Mauldin, J., Greenville, Action by R. M. Osteen against Southern Railway Company. From judgment for plaintiff, defendant appeals, on the following exceptions: 1. The presiding Judge erred in not sustaining the first ground of the defendant’s motion for a nonsuit, which was as follows: “There is no evidence of any actual damages sustained by the plaintiff for which the defendant will be liable.” 2. The presiding Judge erred in not sustaining the second ground of the…

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Before Mauldin, J., Greenville, Action by R. M. Osteen against Southern Railway Company. From judgment for plaintiff, defendant appeals, on the following exceptions: 1. The presiding Judge erred in not sustaining the first ground of the defendant’s motion for a nonsuit, which was as follows: “There is no evidence of any actual damages sustained by the plaintiff for which the defendant will be liable.” 2. The presiding Judge erred in not sustaining the second ground of the defendant’s motion for a nonsuit, which was as follows: “As to the cause of action for punitive damages: There is no…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Watts.

This was an action tried before Judge Mauldin, and a jury, at the June term of Court, 1914, for Greenville county, and resulted in a verdict in favor of the plaintiff for $600. After entry of judgment, defendant appealed. The action was for damages for alleged negligent and wilful conduct of the defendant in matters complained of. The plaintiff in substance alleged: That on February 9, 1914, he bought six tickets from Greenville to Gaffney for the transportation of a funeral party consisting of himself and four others and the dead…

2Cases cited3 opinions

  1. Nickles v. Seaboard Air Line Ry.Supreme Court of South Carolina · 1906
  2. Plunkett v. Piedmont Mutual Ins.Supreme Court of South Carolina · 1908
  3. Kelly v. TinerSupreme Court of South Carolina · 1912

3Cited by2 opinions

  1. Harrison v. Atlantic Coast Line R.Supreme Court of South Carolina · 1941
  2. Medlin v. Southern Railway.Supreme Court of South Carolina · 1928

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