Grainger v. Greenville, Spartanburg & Anderson Railway Co.
Supreme Court of South Carolina
Before DrVorE, J., Greenville, Action by J. B. Grainger, as administrator of the estate of Abel Grainger, against Greenville, Spartanburg and Anderson Railway Company. From a judgment for defendant, plaintiff appeals.
Read the full summary
Before DrVorE, J., Greenville, Action by J. B. Grainger, as administrator of the estate of Abel Grainger, against Greenville, Spartanburg and Anderson Railway Company. From a judgment for defendant, plaintiff appeals. The respondent states the question before the Court as follows: “This is an action by the administrator of the estate of Abel Grainger, deceased, for damages for the mental and physical anguish suffered by Abel Grainger, who was fatally injured while in the employ of defendant. The accident occurred November 21, 1912, and Abel Grainger died as result of the injuries on November…
1Opinion of the Court
The opinion was delivered, after reciting respondent’s statement of facts, by
Mr. Justice Eraser.
The respondent asked this Court to review the cases on this subject and that this Court shall overrule some of its former decisions. Permission was given to review the cases.
1 When a case is under review, then that case is, for the purposes of review, not authority. If it were otherwise, a review of a former decision would be a travesty. This requires of the Court an entirely independent construction of the statutes.
These sections of the statute are involved, to wit: Sec. 3955, sec. 3956 and sec.…
2Cases cited1 opinion
- Bennett v. Spartanburg Ry., Gas & Electric Co.Supreme Court of South Carolina · 1914
3Cited by10 opinions
- Piper v. American Fidelity & Casualty Co.Supreme Court of South Carolina · 1930
- Thornhill v. Davis, Director GeneralSupreme Court of South Carolina · 1922
- Wilson v. MassengillCourt of Appeals for the Sixth Circuit · 1942
- Claussen v. BrothersSupreme Court of South Carolina · 1928
- Complete Auto Transit, Inc. v. BassSupreme Court of South Carolina · 1956
5 more not listed; retrieve them via the Exa API.