Legal Opinion

Moorer v. Atlantic Coast Line Railroad

Supreme Court of South Carolina

Decided March 2, 1916No. 9293PublishedCited by 7 opinions

Before Shipp, J., St. George, July, 1915. Action by E. O. Moorer against Atlantic Coast Line Railroad Company for the negligent killing by a railroad train of a mule upon the track. From- judgment for plaintiff, defendant appeals. The facts are stated in the opinion. cites: As to due process: U. S. Const.

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Before Shipp, J., St. George, July, 1915. Action by E. O. Moorer against Atlantic Coast Line Railroad Company for the negligent killing by a railroad train of a mule upon the track. From- judgment for plaintiff, defendant appeals. The facts are stated in the opinion. cites: As to due process: U. S. Const. Am., V, 14; State Const. 1790, IX, 2; 1868, I, 14; 1895, I, 5; 10 A. & E. Enc. of L. 291, 293; 53 S. C. 259; 40 S. C. 373, 376. Rule in Danner’s case contrary to the law of the land: 2 Thomp. Neg., sec. 2143; 4 S. C. 61; 26 S. C. 49, 63. Court could not establish it: 25 S. C. 53, 64; Cooley…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Gage.

The appellant argued two issues: (1) That only one reasonable inference- was deducible from the testimony, and that was that the accident was not traceable to the defend ant’s negligence, and (2) that the rule in Danner’s case is arbitrary, laid down without authority by the judicial branch of the government, and amounts to a denial of due process.

A full answer to the first issue is a recent well considered opinion, reported at page 71 of 93 S. C. 705, 76 S. E. 19, entitled McLeod v. R. R. And that cause was tried before the same Judge…

2Cases cited1 opinion

  1. McLeod v. Atlantic Coast Line R. R.Supreme Court of South Carolina · 1912

3Cited by7 opinions

  1. Ford v. Atlantic Coast Line R. Co.Supreme Court of South Carolina · 1932
  2. Johnson v. Atlantic Coast Line R. Co.Supreme Court of South Carolina · 1950
  3. Perryman v. Charleston & W. C. Ry. Co.Supreme Court of South Carolina · 1916
  4. Ford v. Atlantic Coast Line R.Supreme Court of South Carolina · 1932
  5. Goode v. Southern Ry. Co.Supreme Court of South Carolina · 1922

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