Hale v. Columbia, &c., Railroad
Supreme Court of South Carolina
Before Aldrich, J., Greenville, Action by W. R. Hale, as administrator of B. Wehrle, against The Columbia & Greenville Railroad Company, commenced in February, 1890. After the close of plaintiff’s testimony, the defendant moved for a non-suit, and the judge ruled as follows: This is a motion for non-suit. Much has been said in argument, plaintiff’s testimony discussed, and numerous authorities cited, upon the subject of contributory negligence.
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Before Aldrich, J., Greenville, Action by W. R. Hale, as administrator of B. Wehrle, against The Columbia & Greenville Railroad Company, commenced in February, 1890. After the close of plaintiff’s testimony, the defendant moved for a non-suit, and the judge ruled as follows: This is a motion for non-suit. Much has been said in argument, plaintiff’s testimony discussed, and numerous authorities cited, upon the subject of contributory negligence. I cannot, upon motion for non-suit, consider this question, because contributory negligence is a defence, depending upon the testimony-submitted, and…
1Opinion of the Court
The opinion of the court was delivered by
Mr. Justice MoIver.
This was an action brought by the plaintiff as administrator of Berthold Wehrle, deceased, against the defendant company to recover damages, for the benefit of the wife of the deceased, for the killing of the deceased by the alleged negligence of the defendant company in moving its train.
The plaintiff offered testimony tending to show that the deceased was a watch repairer, living in the city of Greenville, and was accustomed to go to the telegraph office of the defendant company, which was located near the railroad track, on the…
2Cited by14 opinions
- Norfolk & W. Ry. Co. v. GesswineCourt of Appeals for the Sixth Circuit · 1906
- McBride v. Atlantic Coast Line RailroadSupreme Court of South Carolina · 1927
- Lyon v. Charleston & Western Carolina Ry.Supreme Court of South Carolina · 1907
- Goodwin v. Atlantic Coast Line R. R.Supreme Court of South Carolina · 1909
- Sanders v. Southern RailwaySupreme Court of South Carolina · 1914
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