Godfrey v. Pullman Co.
Supreme Court of South Carolina
Before Gary, J., Chesterfield, November term, 1909. Action by Wm. Godfrey against Pullman Co. Prom judgment for plaintiff, defendant appeals. cite: Plaintiff must show negligence to recover. Hutch, on Car. sec. 1130’; 4 Elliott on R. R., sec. 1622; 1 Elipp. 500; 21 A. & E. R. R. Cas. 447. Mere loss raises no presumption of negligence: Hutch, on Car., sec. 1131; 79 Am. St. R. 314; 123 U. S. 61; 58 Am. R. 135; 21 Am.
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Before Gary, J., Chesterfield, November term, 1909. Action by Wm. Godfrey against Pullman Co. Prom judgment for plaintiff, defendant appeals. cite: Plaintiff must show negligence to recover. Hutch, on Car. sec. 1130’; 4 Elliott on R. R., sec. 1622; 1 Elipp. 500; 21 A. & E. R. R. Cas. 447. Mere loss raises no presumption of negligence: Hutch, on Car., sec. 1131; 79 Am. St. R. 314; 123 U. S. 61; 58 Am. R. 135; 21 Am. St. R. 744; 70 S. W. 771. Duty of sleeping car compcmy to passengers: 58 Am. R. 135; 22 Ency. 797, 800'; 16 Am. & Eng. R. R. Cas. 224; 44 E. R. A. 790; 21 A. & E. R. R. Cas. 443; 6…
1Opinion of the Court
December 14, 1910. The opinion of the Court was delivered by Plaintiff and his wife took passage on one of defendant's sleeping cars at Cheraw, S.C. and plaintiff paid for a berth for himself and wife to Washington, D.C. They were going to New York on a pleasure trip for a week, but did not inform the conductor of defendant's car of their intention to go further than Washington, the point to which they engaged the berth. On retiring for the night, plaintiff put his purse, containing $145 and his wife's diamond ring, worth $150, under his wife's pillow, which was on the side farthest from the…
2Cases cited3 opinions
- Poole v. SymondsSuperior Court of New Hampshire · 1818
- Battle v. Columbia, Newberry & Laurens R. R.Supreme Court of South Carolina · 1904
- Thayer v. HutchinsonSupreme Court of Vermont · 1841
3Cited by2 opinions
- Wadel v. American Airlines, Inc.Court of Appeals of Texas · 1954
- Southern Railway Co. v. Swift & Co.Supreme Court of South Carolina · 1930