Fayssoux v. Seaboard Air Line Ry.
Supreme Court of South Carolina
Before Moore, J., York, Summer term, 1917. Action by H. A. Payssoux against the Seaboard Air Line Railway Company. Judgment for plaintiff, and defendant appeals. Messrs.
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Before Moore, J., York, Summer term, 1917. Action by H. A. Payssoux against the Seaboard Air Line Railway Company. Judgment for plaintiff, and defendant appeals. Messrs. Glenn & Glenn cite: As to allowing amendment to complaint during progress of trial; 10 S. E. 932; Code of Procedure 194. As to failure of plaintiff to tender the consideration of the release: 56 S. C. 508-513; 60 S. E. 220; 72 S. E. 83; 70 S. E. 385; 57 S. E. 365. As to employment in interstate commerce: U. S. Supreme Court Reports, 58 Law Ed. 1051-1055; 229 U. S. 146; 57 L. Ed. 1125; 33 Sup. Ct. Rep. 648; 3 N. C. C. A. 779;…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. CiiiEE Justice Gary.
This is an action for damages, alleged to have been sustained by the plaintiff through the negligence and recklessness of the defendant.
The complaint alleges: That on the 1st of December, 1915, the plaintiff was in the employment of the defendant in the capacity of conductor, and while acting in said capacity he attempted to get on a car, and in his efforts to do so he caught the grabiron attached to the car for that purpose, and placed his foot on the foothold, but by reason of its defective condition and that of the grabiron…
2Cases cited2 opinions
- Louisville & Nashville Railroad v. ParkerSupreme Court of the United States · 1916
- Treadway v. Union Buffalo Mills Co.Supreme Court of South Carolina · 1909
3Cited by4 opinions
- Neal v. ClarkSupreme Court of South Carolina · 1942
- Squire v. Southern Ry. Co.Supreme Court of South Carolina · 1918
- Medlin v. VanderbiltSupreme Court of South Carolina · 1925
- Smith v. Salt Lake Utah Railroad CorporationUtah Supreme Court · 1940