Gilliland v. Charleston & Western Carolina Ry.
Supreme Court of South Carolina
Before C. C. FeathrrstonR, Special Judge, Greenville, June Term, 1909. Action by Samuel Gilliland against Charleston. & Western Carolina Railway.
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Before C. C. FeathrrstonR, Special Judge, Greenville, June Term, 1909. Action by Samuel Gilliland against Charleston. & Western Carolina Railway. From judgment for plaintiff, defendant appeals. cite: Evidence does not show defect in instrumentalities: 39 S. C., 39; 66 S. C., 256; 69 S. C., 529; 72 S. C., 398. Plaintiff was guilty of contributory negligence: 77 S. C., 328, 42 S. E-, 989, 61 S. E., 292. Plaintiff assumed risks: 80 S. C., 232. Plaintiff’s kick broke the continuity between defendant’s negligence and injury: Watson Per. Inj., sec. 82, 52 S. E., 627; 67 S. W., 90; 51 At, 718; 63…
1Opinion of the Court
The opinion- of the Court was delivered by
Mr. Justice Gary.
This is an action for damages, alleged to have been sustained by the plaintiff, through the negligence -of the defendant.
The acts -of negligence on the part of the -defendant, and the detailed manner in which the plaintiff was injured, are thus alleged in the complaint:
“Plaintiff was -ordered by the conductor to couple the engine to the box car next to it, upon the sidetrack, which was engaged in handling interstate traffic, and signalled the engine back, for the purpose of making such coupling. That the said box car was provided with…
2Cases cited3 opinions
- Carson v. Southern Ry.Supreme Court of South Carolina · 1903
- Hall v. Northwestern R. R.Supreme Court of South Carolina · 1908
- Youngblood v. South Carolina & Georgia R. R.Supreme Court of South Carolina · 1901
3Cited by4 opinions
- St. Louis S. F. R. Co. v. LongSupreme Court of Oklahoma · 1913
- Lester v. Carolina, Clinchfield & Ohio RailwaySupreme Court of South Carolina · 1913
- Hill v. Broad River Power Co.Supreme Court of South Carolina · 1929
- Hopkins v. Southern Cotton Oil Co.Supreme Court of South Carolina · 1928