Legal Opinion

Miller v. Atlantic Coast Line R. R.

Supreme Court of South Carolina

Decided April 30, 1913No. 8535PublishedCited by 4 opinions

Before Rice J., Sumter, March, 1912. Action by James A. Miller against Atlantic Coast Line R. R. Co., James W. Sellers, William Rhett and William Woods.

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Before Rice J., Sumter, March, 1912. Action by James A. Miller against Atlantic Coast Line R. R. Co., James W. Sellers, William Rhett and William Woods. Defendant railroad company appeals on the following exceptions: 1. “His Honor erred, it is respectfully submitted, in allowing plaintiff, while his testimony was being taken, to introduce, over defendant’s objection, rule 853; whereas, he should have excluded the said rule, because it had no application to the case, the rule book showing that rule 853 had reference solely to freight conductors in charge of freight trains on the line of road,…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Chief Justice Gary.

This is an action for damages, alleged to have been sustained by the plaintiff, through the wrongful acts of the defendants, while in the employment of the defendant, Atlantic Coast Line Railroad Company, as a locomotive engineer.

The defendants denied the allegations of the complaint except those specifically admitted.

The jury rendered a verdict in favor of the plaintiff against the defendant, Atlantic Coast Line Railroad Company, for thirty-five thousand dollars, and it appealed upon exceptions, which will be reported:

1 First…

2Cases cited3 opinions

  1. Nash v. TowneSupreme Court of the United States · 1867
  2. Williamson v. Eastern B. & L. Ass'nSupreme Court of South Carolina · 1899
  3. Easler v. Southern Railway Co.Supreme Court of South Carolina · 1901

3Cited by4 opinions

  1. State v. MeyersSupreme Court of South Carolina · 1974
  2. Carter v. American Fruit Growers, Inc.Supreme Court of South Carolina · 1924
  3. Miller v. Atlantic Coast Line RailroadSupreme Court of South Carolina · 1926
  4. Miller, Administrator v. A.C.L.R. Co.Supreme Court of South Carolina · 1926

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