Mitchum v. Seaboard Air Line Railway
Supreme Court of South Carolina
Before TownsEND, J., Berkeley, December, 1919. Action by Sam Mitchum against Seaboard Air Dine Railway for fire damage. Prom judgment for plaintiff the defendant appeals. cite: Action under Sec. 3226, 1 Civil Code: Testimony of sparks from a locomotive “not long” before the fire inadmissible : 87 S. C. 178. No testimony to show fire originated from sparks from appellant’s engine or within its right-of-way and nonsuit should have, been granted: 31 S. C. 378; 41 S. C. 86; 41…
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Before TownsEND, J., Berkeley, December, 1919. Action by Sam Mitchum against Seaboard Air Dine Railway for fire damage. Prom judgment for plaintiff the defendant appeals. cite: Action under Sec. 3226, 1 Civil Code: Testimony of sparks from a locomotive “not long” before the fire inadmissible : 87 S. C. 178. No testimony to show fire originated from sparks from appellant’s engine or within its right-of-way and nonsuit should have, been granted: 31 S. C. 378; 41 S. C. 86; 41 S. C. 285;'99 S. C. 417; 107 S. C. 367; 103 S. C. 1. cite: Judge was correct in submitting question of origin of fire to…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. ChiEE Justice Gary. • ’. This is an action for damages, alleged to have been sustained by the plaintiff through the wrongful acts of the defendant, whereby a fire was communicated from defendant’s locomotive engine to plaintiff’s dwelling, adjacent to defendant’s right-of-way which destroyed the dwelling and its contents.
The defendant denied the allegations of the complaint. The defendant made a motion for a nonsuit at the close of the plaintiff’s testimony, which was refused; also a motion for the direction of a verdict at the close of all the…
2Cited by7 opinions
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- Bankers' & Shippers' Ins. v. Charleston & W. C. Ry. Co.Supreme Court of South Carolina · 1927
- Fleming v. Southern Ry. Co.Supreme Court of South Carolina · 1922
- Blakely v. Atlantic Coast Line R. Co.Supreme Court of South Carolina · 1934
- Epps v. Atlantic Coast Line R. Co.Supreme Court of South Carolina · 1935
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