Whitner v. Southern Railway Co.
Supreme Court of South Carolina
Before Shipp, J., Greenville, Action by Charles H. Whitner against Southern Railway Company. From order of nonsuit, plaintiff appeals on the following exceptions: It is respectfully submitted that the presiding Judge erred in granting the motion for a nonsuit, in the following particulars : 1. In holding that W. T. Henderson agreed to build an overhead bridge.
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Before Shipp, J., Greenville, Action by Charles H. Whitner against Southern Railway Company. From order of nonsuit, plaintiff appeals on the following exceptions: It is respectfully submitted that the presiding Judge erred in granting the motion for a nonsuit, in the following particulars : 1. In holding that W. T. Henderson agreed to build an overhead bridge. He should have found that under the testimony the defendant offered to build a bridge over the cut if Henderson would pay half of it, and that Henderson agreed. 2.In holding that this was not a public road because it had not been used…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Watts.
This is an action instituted by the plaintiff for $800 damages, sustained by the plaintiff’s automobile while attempt-Jng to cross the defendant’s railroad track at a point near the city of Greenville, alleged to be a crossing commonly .used by the public, and which was in defective condition on November 2, 1913, when alleged damage occurred. The case was tried before Judge Shipp at Greenville, S. C., October term, 1914, and resulted in a nonsuit, from which plaintiff appeals and by six exceptions seeks reversal. These exceptions…
2Cases cited2 opinions
- Miller v. Seaboard Air Line Ry.Supreme Court of South Carolina · 1913
- Moragne v. Charleston & Western Carolina Ry. Co.Supreme Court of South Carolina · 1907
3Cited by3 opinions
- Smelser v. Deutsche Evangelische Lutherische Gemeinde Der St. Markus KircheCalifornia Court of Appeal · 1928
- Kershaw Motor Co. v. Southern Ry. Co.Supreme Court of South Carolina · 1926
- United States v. FolkCourt of Appeals for the Fourth Circuit · 1952