Williams v. Seaboard Air Line Ry.
Supreme Court of South Carolina
Before Hydrick, J., Kershaw, July, 1906. Action by W. W. Williams, against Seaboard Air Dine Railway. Erom judgment for defendant, plaintiff appeals, cite: Failure of railroad company to comply with statutory reJ quirement is negligence per se: 58 S. C., 222; 53 S. C.. 121. Judge should declare lam applicable to case: 47 S. C., 488. cite: Action is under common law and not under statute: 41 S. C., 89. Request should have been submitted: 20 S. C., 500; 33 S. C., 427; 50 S.…
Read the full summary
Before Hydrick, J., Kershaw, July, 1906. Action by W. W. Williams, against Seaboard Air Dine Railway. Erom judgment for defendant, plaintiff appeals, cite: Failure of railroad company to comply with statutory reJ quirement is negligence per se: 58 S. C., 222; 53 S. C.. 121. Judge should declare lam applicable to case: 47 S. C., 488. cite: Action is under common law and not under statute: 41 S. C., 89. Request should have been submitted: 20 S. C., 500; 33 S. C., 427; 50 S. C., 49.
1Opinion of the Court
The opinion of the Court was de-
livered by
Mr. Justice Gary.
The appeal herein raises the ques-whether there was error on the part of his Honor, the presiding Judge, in not charging certain propositions of law, when no requests to' that effect were presented. The allegations of the complaint, material to the questions involved, are as follows:
“That on the ninth day of October, A. D. 1905, plaintiff was riding a horse along the highway known as DeKálb street, in a westerly direction, and' when he arrived at the place where said highway crosses said railroad:, the foot or feet of the horse upon…
2Cases cited2 opinions
- State v. AdamsSupreme Court of South Carolina · 1904
- Hunter v. Columbia &c. R. R.Supreme Court of South Carolina · 1894
3Cited by5 opinions
- State v. ChastainSupreme Court of South Carolina · 1910
- State v. HendrixSupreme Court of South Carolina · 1910
- State v. LongSupreme Court of South Carolina · 1913
- Bennett v. Columbia Electric Street Railway, Light & Power Co.Supreme Court of South Carolina · 1912
- State v. LongSupreme Court of South Carolina · 1913