Bamberg v. Atlantic Coast Line R. R.
Supreme Court of South Carolina
Before Keugh, J., Barnwell, November term, 1904. Action by Mary A. Bamberg and her husband, C. T. Bamberg, against Atlantic Coast Line Railroad Co. From judgment for plaintiff, defendant appeals. cite: Complaint showing contributory negligence, demurrer should have been sustained: 58 S. C., 495; 56 S. C., 95. Plaintiff should not recover because of voluntary exposure to unnecessary danger: 46 S. C., 547; 34 S. C., 300'. Plaintiff was not using crossing' and hence not…
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Before Keugh, J., Barnwell, November term, 1904. Action by Mary A. Bamberg and her husband, C. T. Bamberg, against Atlantic Coast Line Railroad Co. From judgment for plaintiff, defendant appeals. cite: Complaint showing contributory negligence, demurrer should have been sustained: 58 S. C., 495; 56 S. C., 95. Plaintiff should not recover because of voluntary exposure to unnecessary danger: 46 S. C., 547; 34 S. C., 300'. Plaintiff was not using crossing' and hence not entitled to’ signals: 33 S. C., 136; 34 S. C., 298, 450- 29 S. C., 318; 38 S. C., 298; 23 S. C., 555 ; 57 S. C., 243; 64 S. C.,…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Woods.
The plaintiff, in going from her home in the town of Denmark to' the defendant’s passeng'er station, undertook to> cross the railroad track at a point very near the station, and was struck by the locomotive of the train she intended fi> take as a passeng'er. For the injuries resulting she recovered judgment.
1 The first exception charges error in the refusal of the Circuit Court to* sustain the demurrer interposed on the ground that the complaint failed to' state facts sufficient to constitute a cause of action, because, as defendant…
2Cases cited7 opinions
- Schofield v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of the United States · 1885
- Matthews v. Seaboard Air Line RailwaySupreme Court of South Carolina · 1903
- Jones v. Charleston & Western Carolina Ry. Co.Supreme Court of South Carolina · 1901
- Edwards v. Southern Ry.Supreme Court of South Carolina · 1902
- Jarrell v. Charleston & Western Carolina Ry.Supreme Court of South Carolina · 1900
2 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Chisolm v. Seaboard Air Line Ry.Supreme Court of South Carolina · 1922
- Ford v. Atlantic Coast Line R. Co.Supreme Court of South Carolina · 1932
- Robison v. Atl. Coast Line R. Co.Supreme Court of South Carolina · 1936
- Cable Piano Co. v. Southern Ry.Supreme Court of South Carolina · 1913
- Drawdy v. Atlantic Coast Line RailroadSupreme Court of South Carolina · 1907
14 more not listed; retrieve them via the Exa API.