Pickett v. Southern Ry.
Supreme Court of South Carolina
Before Gage, J., Richland, September, 1905. Action by John Alexander Pickett, by guardian, against Southern Railway — (Carolina Division.
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Before Gage, J., Richland, September, 1905. Action by John Alexander Pickett, by guardian, against Southern Railway — (Carolina Division. From order permitting amendments to complaint, defendant appeals. cites: As to construction of sec. 194: 21 S. C., 226; 80 S. C., 564; 10 S. C., 101; 72 & C., 137. Binding of Judge on second trial that defendant was guilty of conrtributory negligence warrants dismissal of complaint: 56 S. C., 95; 47 S. C., 517; 25 S. C., 173; 19 S. C., 94; 5 S, C., 70; 14 S. C., 61, 431; 17 S. C., 137. cite: Amendment by striking out is permissible: 40 S. C., 525; 37 S. C.,…
1Opinion of the Court
The opinion of the Court was delivered by
Ms. Justice Jones.
This appeal is from an order of Judge Gage allowing the complaint to be amended. The complaint, after stating that plaintiff is a minor of the age of sixteen years, and the appointment of Martha E> Pickett as his guardian ad litem, and after stating the incorporation of the defendant and its operation of the railroad referred to, alleged as follows :
“4. That on the twenty-seventh day of December, 1901, the plaintiff went to said depot at St. Matthews for the purpose of securing transportation therefrom over said line of railroad to*…
2Cases cited6 opinions
- Hall v. WoodwardSupreme Court of South Carolina · 1889
- Proctor v. Southern RailwaySupreme Court of South Carolina · 1902
- Martin v. FowlerSupreme Court of South Carolina · 1897
- Jennings v. ParrSupreme Court of South Carolina · 1899
- McKnight v. CooperSupreme Court of South Carolina · 1887
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- James v. Fountain Inn Mfg. Co.Supreme Court of South Carolina · 1908
- Kirven v. LawrenceSupreme Court of South Carolina · 1964
- Huggins v. Winn-Dixie Greenville, Inc.Supreme Court of South Carolina · 1969
- Knight, Yancey & Co. v. Ætna Cotton MillsSupreme Court of South Carolina · 1908
- Grist v. CaldwellSupreme Court of South Carolina · 1923
5 more not listed; retrieve them via the Exa API.