Legal Opinion

Hammond v. North Eastern Railroad

Supreme Court of South Carolina

Decided April 20, 1875Published

Before GRAHAM, J., at Charleston, March Term, 1874. This was an action by Isaac Hammond, plaintiff, against the North Eastern Railroad Company, defendant, to recover damages for injuries sustained by the plaintiff on the 16th of May, 1873, on •the road of the defendant. The summons was framed under the first subdivision of Section 152 of the Code of Procedure, and the complaint concluded with a •demand of judgment for the specific sum of money mentioned in the summons.

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Before GRAHAM, J., at Charleston, March Term, 1874. This was an action by Isaac Hammond, plaintiff, against the North Eastern Railroad Company, defendant, to recover damages for injuries sustained by the plaintiff on the 16th of May, 1873, on •the road of the defendant. The summons was framed under the first subdivision of Section 152 of the Code of Procedure, and the complaint concluded with a •demand of judgment for the specific sum of money mentioned in the summons. The second paragraph of the complaint alleged that the defendant made a contract with the United States, for a certain…

1Opinion of the Court

The opinion of the Court was delivered by

Wright, A. J.

The exception made in the Court below that the action brought is one ex eontraetu, for a specific money demand, for the breach of the contract between the United States government and the appellant, and that the plaintiff was limited in his proof to the contract as alleged and the damages which may have resulted from a breach of it, cannot prevail. It is true that the *136notice,, both on the summons and complaint, as to the form of the judgment which the plaintiff will demand, applies, under the Code, to actions arising ex contractu, and not…

2Cases cited1 opinion

  1. Willet v. StewartNew York Supreme Court · 1864

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