Matthews v. Seaboard Air Line Railway
Supreme Court of South Carolina
Before McCullough, special Judge, Greenwood, May, 1902. Action by C. P. Matthews, administrator of Jno. E. Part-low, against the Seaboard and Roanoke R. R. Co. and the Raleigh and Gaston R. R. Co., operating the system known as the Seaboard Air Line R. R., as lessees of Georgia, Carolina and Northern Ry.; Southern Ry.; Charleston and Western Carolina Ry. Co-, and town of Greenwood. All defendants appeal except the latter.
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Before McCullough, special Judge, Greenwood, May, 1902. Action by C. P. Matthews, administrator of Jno. E. Part-low, against the Seaboard and Roanoke R. R. Co. and the Raleigh and Gaston R. R. Co., operating the system known as the Seaboard Air Line R. R., as lessees of Georgia, Carolina and Northern Ry.; Southern Ry.; Charleston and Western Carolina Ry. Co-, and town of Greenwood. All defendants appeal except the latter. The former cites: Licensee must take advantages with attendant disadvantages: L. R., 11 Q. B. D., 474; 9 Id., 80; 46 Md., 193; 1 McC., 438; 115 Ind., 399; 43 111. App., 93;…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Woods.
The plaintiff, as administrator of John E. Partlow, instituted this suit for damages, alleging his intestate was killed by falling into' a railroad cut, in the town of Greenwood, and that the accident was due to the joint negligence of the defendants. The defendants demurred on the ground that the complaint fails to state facts sufficient to constitute a cause of action. The demurrer of the town of Greenwood was sustained, and the plaintiff did not appeal. The separate demurrers of the three railroad companies were overruled, and they…
2Cases cited35 opinions
- Bennett v. Railroad Co.Supreme Court of the United States · 1881
- Union Pacific Railway Co. v. McDonaldSupreme Court of the United States · 1894
- Felton v. AubreyCourt of Appeals for the Sixth Circuit · 1896
- Redigan v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1891
- Swift v. . Staten Island Rapid Transit Railroad CompanyNew York Court of Appeals · 1890
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3Cited by39 opinions
- Robison v. Atl. Coast Line R. Co.Supreme Court of South Carolina · 1936
- Pendleton v. Columbia Ry., G. E. Co.Supreme Court of South Carolina · 1926
- Miller v. Atlantic Coast Line RailroadSupreme Court of South Carolina · 1926
- Miller, Administrator v. A.C.L.R. Co.Supreme Court of South Carolina · 1926
- Bamberg v. Atlantic Coast Line R. R.Supreme Court of South Carolina · 1905
34 more not listed; retrieve them via the Exa API.