Gilkerson v. Atlantic Coast Line R. R.
Supreme Court of South Carolina
Before Rice, J., Florence, April, 1913. From a direction of a verdict for the defendant, in an action by Y. S. Gilkerson against Atlantic Coast Line R. R. Co., plaintiff appeals.
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Before Rice, J., Florence, April, 1913. From a direction of a verdict for the defendant, in an action by Y. S. Gilkerson against Atlantic Coast Line R. R. Co., plaintiff appeals. The facts are stated in the opinion. submit: Failure to state reasons for directing a verdict has been held reversible error: 38 Cyc. 1588; 95 Mich. 22; 54 N. W. 693; 45 Mich. 410; 8 N. W. 79. Duty to passenger: 53 S. C. 210; 31 S. E. 224; 75 S. C. 286; 83 S. C. 454; 77 S. C. 371. Continuance of relation as carrier and passenger: 2 Hutch. Carriers 1171; 105 N. W. 151; '2 L. R. A. (N. S.) 875. Where carrier’s agents…
1DissentJustice Watts
This was an action for actual and punitive damages by plaintiff against the defendant for carrying the plaintiff beyond his station. Plaintiff alleges a special contract with the conductor to awake him when the train arrived at this station, and that by reason of the failure on the part of the conductor to do it, he was carried several miles beyond his station and compelled to walk back, and this constitutes his cause of action. At the dose of the testimony, the Court, on defendant’s motion, directed a verdict in favor of defendant. The plaintiff appeals on several grounds, and by three…
2Cases cited2 opinions
- Nunn v. Georgia RailroadSupreme Court of Georgia · 1884
- Seaboard Air-Line Railway v. RaineySupreme Court of Georgia · 1905