Jarrell v. Charleston & Western Carolina Ry.
Supreme Court of South Carolina
Before Townsend, J., Hampton, Action for personal injuries by G. H. Jarrell against Charleston and Western Carolina Ry. From order dismissing complaint on demurrer, plaintiff appeals. cites: If plaintiff is entitled to any relief, error to dismiss complaint: 21 S. C., 229; 55 S. C., 295; 22 Stat., 694. Remedy of defendant is by motion to make complaint more definite: 31 S. E. R., 214; 47 S. C., 30. Judge cannot decide if fact constitute negligence, except where there is only…
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Before Townsend, J., Hampton, Action for personal injuries by G. H. Jarrell against Charleston and Western Carolina Ry. From order dismissing complaint on demurrer, plaintiff appeals. cites: If plaintiff is entitled to any relief, error to dismiss complaint: 21 S. C., 229; 55 S. C., 295; 22 Stat., 694. Remedy of defendant is by motion to make complaint more definite: 31 S. E. R., 214; 47 S. C., 30. Judge cannot decide if fact constitute negligence, except where there is only one inference: 29 S. E. R., 235; 30 S. E. R., 479. Injury by railroad is prima facie evidence of negligence: 33 S. E.…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. JuspicU Jonbs.
This appeal is from an order sustaining a demurrer to the complaint on the ground that it failed to state facts sufficient to constitute a cause of action. The specific grounds of objection to the complaint were: “1. That the allegations in the complaint do not show negligence on the part of the defendant. 2. That the allegations in the complaint do show contributory negligence on the part of the plaintiff.”
Here is the complaint, omitting the first paragraph, alleging that defendant is a corporation: “II. That on the 5th day of July,…
2Cited by24 opinions
- Ford v. Atlantic Coast Line R. Co.Supreme Court of South Carolina · 1932
- Matthews v. Seaboard Air Line RailwaySupreme Court of South Carolina · 1903
- Drawdy v. Atlantic Coast Line RailroadSupreme Court of South Carolina · 1907
- Osteen v. Southern Ry.Supreme Court of South Carolina · 1907
- Bamberg v. Atlantic Coast Line R. R.Supreme Court of South Carolina · 1905
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