Rowell v. Hines
Supreme Court of South Carolina
Before Bowman, J., Jasper, November term, 1919. Action by Sallie D. Rowell, as Admrx. of the Estate of James H. Rowell, Deceased, against Walker D. Hines, as Director General of Railroads, Mike Rivers and Homer Archer.
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Before Bowman, J., Jasper, November term, 1919. Action by Sallie D. Rowell, as Admrx. of the Estate of James H. Rowell, Deceased, against Walker D. Hines, as Director General of Railroads, Mike Rivers and Homer Archer. From order sustaining a demurrer to the complaint, the plaintiff appeals. cite: Condition of platform, etc., in violation of sec. 3269, i Civil Code 1912. Plaintiff’s intestate was a licensee: ■ 57 S. C. 332; 35 S. E. 583. Not contributory negligence as matter of law to step from a moving train: 61 S. C. 345; 39 S. E. 543. Allegations of wilfulness, and of breach of statutory…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Watts.
This is an action for damages for $30,000, alleged to have been caused to plaintiff by the death of plaintiff’s intestate, James H. Rowell, by negligence and wilfulness of the defendant. Defendant demurred to the complaint, upon the ground that it does not state a cause of action. The case came on for trial before Judge Bowman, and the demurrer was sustained and complaint dismissed. An appeal was taken from this order, and five exceptions impute error.
The complaint alleges that Rowell came to his death in the following manner:
“That he…
2Cited by8 opinions
- Moon v. HinesSupreme Court of Alabama · 1921
- Payne v. SmithermanSupreme Court of Alabama · 1921
- Massey v. Hines, Director GeneralSupreme Court of South Carolina · 1921
- Payne v. Domestic Electric Co.Supreme Court of Georgia · 1922
- Blackwell v. FaucettSupreme Court of South Carolina · 1921
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