Barksdale v. Charleston & Western Carolina Ry. Co.
Supreme Court of South Carolina
Action by Walter E. Barksdale against Charleston and Western Carolina Railway Co. From judgment for plaintiff, defendant appeals. The former cites: It ivas duty of conductor to throw out the car, and failing in this, he could not recover: 21 S. C., 547; 22 S. C., 563; 61 S. C., 494; 55 S. C., 488. In proper case nonsuit should be granted for contributory negligence:46 S. C., 216. Messrs.
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Action by Walter E. Barksdale against Charleston and Western Carolina Railway Co. From judgment for plaintiff, defendant appeals. The former cites: It ivas duty of conductor to throw out the car, and failing in this, he could not recover: 21 S. C., 547; 22 S. C., 563; 61 S. C., 494; 55 S. C., 488. In proper case nonsuit should be granted for contributory negligence:46 S. C., 216. Messrs. Simpson & Cooper cite: Knowledge of conductor of defects m car voluntarily operated, defeat his recovery: 26 S. C., 490, 96. cites: Whether conductor was negligent in operating defective car, was for jury: 55…
1Opinion of the Court
The first opinion in this case was delivered by
Mr. Justice Woods.
The plaintiff in this action claims damages against the defendant, alleging that the defendant delivered to him as one of its freight conductors for transportation from Augusta, Ga., to Greenowod, S. C., a car, old, worn out and with flat wheels, and negligently loaded by defendant with lumber in an insecure and unsafe manner, with only two standards on each side, and with improper appliances and equipments; that by reason of the defective cars and appliances and improper loading, the lumber became loose and disarranged, and was…
2Cases cited7 opinions
- Southern Pacific Co. v. PoolSupreme Court of the United States · 1896
- Bodie v. Charleston & Western Carolina Ry. Co.Supreme Court of South Carolina · 1901
- Hurst v. Kansas City, Pittsburg & Gulf RailroadSupreme Court of Missouri · 1901
- Baird v. Chicago, Rock Island & Pacific R'y Co.Supreme Court of Iowa · 1883
- Bussey v. Charleston & Western Car. Ry. CoSupreme Court of South Carolina · 1898
2 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Hall v. Northwestern R. R.Supreme Court of South Carolina · 1908
- Montgomery v. Seaboard Air Line Ry.Supreme Court of South Carolina · 1906
- Hice v. Dobson Lumber Co.Supreme Court of South Carolina · 1936
- Charping v. Toxaway MillsSupreme Court of South Carolina · 1905
- Wofford v. Clinton Cotton MillsSupreme Court of South Carolina · 1905
5 more not listed; retrieve them via the Exa API.