Watson v. Southern Ry.
Supreme Court of South Carolina
Action by Mose Watson, administrator of Eugene Watson, against Southern Railway. From judgment for defendant, plaintiff appeals.
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Action by Mose Watson, administrator of Eugene Watson, against Southern Railway. From judgment for defendant, plaintiff appeals. The former cites: Whether one is a trespasser_, is a mixed question: 29 S. C., 583; 96 U. S., 234; 55 S. C., 589; 46 S. C., 92; 37 S. C., 433; 63 S. C., 197. As to lookout by defendant: 39 S. E., 758. Duty to child on its track: 36 S. E., 440, 5 S. E., 573. Duty of engineer to lookout: 59 S. C., 758; 36 S. E., 444, 151; 15 Wall., 401; 5 S. E., 573. As to negligence of custodian imputed to child: 15 Wall., 401; 25 R. R. A., 784; 83 R. A., 842. Charge on issue not…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Jones.
This was an action under sections 2851 and 2852, Code 1902, for damages for death of plaintiff’s intestate alleged to have been caused by the negligence of the defendant company. The defenses were: (1) general denial; (2) that the injury was solely caused by the negligence of the deceased; (3) contributory negligence. The jury rendered a verdict in favor of the defendant. This appeal is from the judgment entered thereon upon numerous exceptions to the instructions given to the jury.
All the exceptions, except those raising the question…
2Cases cited1 opinion
- Hartfield v. RoperNew York Supreme Court · 1839
3Cited by18 opinions
- Lindley v. SinkIndiana Supreme Court · 1940
- Kokesh v. PriceSupreme Court of Minnesota · 1917
- Cirsosky v. SmathersSupreme Court of South Carolina · 1924
- Tucker v. Buffalo Cotton MillsSupreme Court of South Carolina · 1907
- Conway v. Monidah TrustMontana Supreme Court · 1913
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