Legal Opinion

Barber v. Richmond, &c., Railroad

Supreme Court of South Carolina

Decided September 18, 1891PublishedCited by 19 opinions

Before Norton, J., Chester, This was an action by William S. Barber, by his next friend, against the Richmond & Danville Railroad Company, le-see of the Chester & Cheraw Railroad Company, for an injury done to plaintiff by a moving train on the latter road on November 15, 1888. The action was commenced March 9, 1889. At the close of plaintiff’s testimony, the defendant moved for a non-suit, which was granted, the judge saying: According to the proof, the defendant company…

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Before Norton, J., Chester, This was an action by William S. Barber, by his next friend, against the Richmond & Danville Railroad Company, le-see of the Chester & Cheraw Railroad Company, for an injury done to plaintiff by a moving train on the latter road on November 15, 1888. The action was commenced March 9, 1889. At the close of plaintiff’s testimony, the defendant moved for a non-suit, which was granted, the judge saying: According to the proof, the defendant company here has been negligent in not ringing its bell or blowing its whistle for 500 yards before it carne to that crossing; but…

1Opinion of the Court

The opinion of the court was delivered by

Mr. Justice McIyer.

This was an action to recover damages for injuries sustained by the minor, William S. Barber, through the alleged negligence of the defendant company. In the complaint the negligence complained of is stated as follows: that at a station on the railroad, called Bascomville, “the said William S. Barber was crossing the track of the railroad, well knowing that the locomotive and cars thereof, then about due, would stop to discharge passengers at the said station; but the defendant carelessly and recklessly caused its locomotive and cars…

2Cited by19 opinions

  1. Chisolm v. Seaboard Air Line Ry.Supreme Court of South Carolina · 1922
  2. Carter v. Atlantic Coast Line R. Co.Supreme Court of South Carolina · 1940
  3. Drawdy v. Atlantic Coast Line RailroadSupreme Court of South Carolina · 1907
  4. Jennings v. McCowanSupreme Court of South Carolina · 1949
  5. Osteen v. A.C.L.R. R. Co.Supreme Court of South Carolina · 1922

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