Webb v. Atlantic Coast Line R. Co.
Supreme Court of South Carolina
Before AVilson, J., Columbia, April, 1915. Action by Sallie A. AAfebb, administratrix of the estate of Hiram C. Webb, against the Atlantic Coast Line Railroad Company. Judgment for plaintiff, and defendant appeals. submit: Plaintiff’s case depends upon one witness, who told irreconcilable" stories, and whose testimony was inherently impossible: 56 N. Y. S. 223; 38 App.
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Before AVilson, J., Columbia, April, 1915. Action by Sallie A. AAfebb, administratrix of the estate of Hiram C. Webb, against the Atlantic Coast Line Railroad Company. Judgment for plaintiff, and defendant appeals. submit: Plaintiff’s case depends upon one witness, who told irreconcilable" stories, and whose testimony was inherently impossible: 56 N. Y. S. 223; 38 App. Div. 620; 54 Atl. 747; 49 S. E. 722; 102 Fed. 379. There was no evidence of wilfulness on part of defendant: 101 S.- C. 395. Plaintiff was as matter of law guilty of contributory negligence: 141 S. W. 77; 38 S. E. 518; 9 S. E.…
1Opinion of the Court
The opinion of the Court.was delivered by
Mr. Justice Hydrick.
Hiram C. Webb, plaintiff’s intestate, a carpenter about 60 years of age, was struck and killed by a locomotive engine drawing a freight train, while he was on defendant’s track at a place where, according to the undisputed evidence, he was a licensee. He was in a well-beaten path along the railroad which had been used by the public with the knowledge and acquiescence of defendant for many years. Therefore defendant owed him the duty of exercising ordinary care to prevent his injury.
1 The testimony was conflicting as to whether Webb…
2Cases cited4 opinions
- Sentell v. Southern Ry.Supreme Court of South Carolina · 1904
- Kirkland v. Augusta-Aiken Ry. & Electric Corp.Supreme Court of South Carolina · 1914
- Craig v. Augusta-Aiken Railway Co.Supreme Court of South Carolina · 1912
- Craig v. Augusta-Aiken Railway Co.Supreme Court of South Carolina · 1911
3Cited by3 opinions
- Jones v. Atlanta-Charlotte Air Line R. Co.Supreme Court of South Carolina · 1951
- Sharpe v. Southern Ry. Co.Supreme Court of South Carolina · 1923
- Way v. Seaboard Air Line RailroadDistrict Court, D. South Carolina · 1967