Kitchen v. Southern Ry.
Supreme Court of South Carolina
Before Aedrich, J., Union, January term, 1903. Action by R. A. Kitchen, administrator of Hannah J. Owens, against Southern Ry. Prom Circuit order, defendant appeals. cites: As to construction of statute: Suth. on Stat. Con., sec. 371; 30 N. J., 188, 209 ; 4 Hern., 733; 51 Tex., 189; 103 Ind., 44; 26 111., 400; 28 Minn., 237; 17 Neb., 750; 21 Barb., 245; 23 Ind., 133; 3 W. Va., 376; 3 Ell. on R. R., sec. 1359; 70 Am.
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Before Aedrich, J., Union, January term, 1903. Action by R. A. Kitchen, administrator of Hannah J. Owens, against Southern Ry. Prom Circuit order, defendant appeals. cites: As to construction of statute: Suth. on Stat. Con., sec. 371; 30 N. J., 188, 209 ; 4 Hern., 733; 51 Tex., 189; 103 Ind., 44; 26 111., 400; 28 Minn., 237; 17 Neb., 750; 21 Barb., 245; 23 Ind., 133; 3 W. Va., 376; 3 Ell. on R. R., sec. 1359; 70 Am. St. R., 675; 45 S. C., 344; 29 S. C., 161. History and construction of statute in question: 12 Stat., 706; 54 S. C., 492; Gen. Stat., 2184; 21 Stat., 523; Rev. Stat., 2316'; 22…
1Opinion of the Court
The opinion of the Court was deliv' ered by
Mr. Chiee Justice Pope.
Mrs. Hannah J. Owens, wife of D. W. Owens, was killed while attempting to cross the track of the defendant on the public highway, near the town of Santuc, in the county of Union, in the State aforesaid, by a train operated by the defendant railway company, on the day of March, 1899. On the 9th day of December, 1902, an action was commenced by the plaintiff, as the administrator of the estate of the said Hannah J. Owens, deceased, against the defendant railway company to recover the sum of $10,000. The complaint was as follows:
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2Cases cited14 opinions
- United States v. Central Pacific RailroadSupreme Court of the United States · 1886
- In Re Estate of MayoSupreme Court of South Carolina · 1901
- Burch v. . NewburyNew York Court of Appeals · 1852
- Gould v. WiseNevada Supreme Court · 1884
- Dukes v. FaulkSupreme Court of South Carolina · 1892
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3Cited by15 opinions
- Fulghum v. BleakleySupreme Court of South Carolina · 1935
- Adams v. FrySupreme Court of Oklahoma · 1951
- Crescent Manufacturing Co. v. S. C. Tax CommissionSupreme Court of South Carolina · 1924
- Manson v. DaytonCourt of Appeals for the Eighth Circuit · 1907
- Stackhouse v. County Board of CommissionersSupreme Court of South Carolina · 1910
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