Legal Opinion

Mills v. Atlantic Coast Line R. R.

Supreme Court of South Carolina

Decided April 8, 1910No. 7539PublishedCited by 8 opinions

Before Hydrick, Charleston, March term, 1908. Action by E. A. Mills against Atlantic Coast Bine R. R. Company. Prom judgment for plaintiff, defendant appeals. cite: Plaintiff being guilty of contributory negligence, and no wilfulness being shown, verdict should have been directed for defendant: 23 St C., 531; 61 S. C., 484; 77 S. C., 328; 81 S. C., 100 ; 153 Fed., 56; 5 Rich., 17; 65 S. C., 440; 35 S. C., 389; 74 S. C., 102; 2 Hutch, on Car., sec. 990'; 4 Elliott on R. R.,…

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Before Hydrick, Charleston, March term, 1908. Action by E. A. Mills against Atlantic Coast Bine R. R. Company. Prom judgment for plaintiff, defendant appeals. cite: Plaintiff being guilty of contributory negligence, and no wilfulness being shown, verdict should have been directed for defendant: 23 St C., 531; 61 S. C., 484; 77 S. C., 328; 81 S. C., 100 ; 153 Fed., 56; 5 Rich., 17; 65 S. C., 440; 35 S. C., 389; 74 S. C., 102; 2 Hutch, on Car., sec. 990'; 4 Elliott on R. R., sec. 1585; 74 S. C., 102; 6 Cyc., 605, 617; 157 Fed., 347; 20 So., 67; 57 N. W., 124; 3 Thomp. on Neg., sec. 2821; 3…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. ChiEE Justice Jones.

On the night of the 14th of August, 1906, plaintiff was in the employment of defendant as engineer operating one of its fast express and passenger trains, No. 89, running from Charleston to Savannah. Approaching Hardeeville, S. C, which is a junctional point with the Southern Railway, and going forty miles an hour this train ran into the rear end of defendant’s freight train occupying the main line. After reversing his engine plaintiff jumped from the same and in the fall received certain personal injuries alleged to be serious…

2Cases cited4 opinions

  1. Carson v. Southern Ry.Supreme Court of South Carolina · 1903
  2. Doster v. Western Union Tel. Co.Supreme Court of South Carolina · 1907
  3. Willis v. Western Union Tel. Co.Supreme Court of South Carolina · 1906
  4. St. Louis & S. F. R. v. DeweesCourt of Appeals for the Eighth Circuit · 1907

3Cited by8 opinions

  1. Haselden v. Atlantic Coast Line R. Co.Supreme Court of South Carolina · 1949
  2. Jennings v. McCowanSupreme Court of South Carolina · 1949
  3. Bailey v. SmithSupreme Court of South Carolina · 1925
  4. Stone v. Atlantic Coast Line R. R.Supreme Court of South Carolina · 1913
  5. Strickland v. MoskosSupreme Court of South Carolina · 1925

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