Penn v. Atlantic Coast Line R. Co.
Supreme Court of South Carolina
Before Whaley, County Judge, Richland, July term, 1918. Action by Maggie B. Penn against the 'Atlantic Coast Line Railroad Company. Directed verdict for the plaintiff for actual damages and for defendant on the question of punitive damages, and plaintiff appeals.
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Before Whaley, County Judge, Richland, July term, 1918. Action by Maggie B. Penn against the 'Atlantic Coast Line Railroad Company. Directed verdict for the plaintiff for actual damages and for defendant on the question of punitive damages, and plaintiff appeals. Exception: It is respectfully submitted that his Honor, Judge M. S. Whaley, erred in directing a verdict as to punitive damages and directing, on motion of defendant’s attorney, a verdict for actual damage in the sum of $2.20, in that: (a) There was but one cause of action and not separable; (b) it should have been submitted to the…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Gage.
Action by passenger against a carrier for actual and for punitive damages.
Direction of a verdict for the plaintiff on so much of the action as was for actual damages, and for the defendant on so much of the action as was for punitive damages.
Appeal by the plaintiff.
Det the one exception be reported.
The circumstances of the case are these: The plaintiff bought at the Union Station in Columbia a ticket _ from Columbia to Florence. Betwixt these termini there are two routes by the carrier; the one in common from Columbia to Sumter, and…
2Cases cited4 opinions
- MacHen v. Western Union Tel. Co.Supreme Court of South Carolina · 1905
- Smith v. Southern Ry.Supreme Court of South Carolina · 1911
- Griffin v. Southern Ry.Supreme Court of South Carolina · 1903
- Carter v. Western Union Tel. Co.Supreme Court of South Carolina · 1906