Holcombe v. Southern Railway Co.
Supreme Court of South Carolina
Action by Ina Holcombe against Southern Railway. From judgment for plaintiff, defendant appeals. cites: Where plaintiff does not rest on presumption of negligence, but shows the circumstances, he must show negligence: 62 N. E., 955; 25 Ency., 2 ed., 266. As to when relation of passenger and carrier arise#: 108 Fed.
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Action by Ina Holcombe against Southern Railway. From judgment for plaintiff, defendant appeals. cites: Where plaintiff does not rest on presumption of negligence, but shows the circumstances, he must show negligence: 62 N. E., 955; 25 Ency., 2 ed., 266. As to when relation of passenger and carrier arise#: 108 Fed. R., 14; 45 L. R. A., 163; 51 S. C., 161; 39 S. C., 162; 2 Ency., 1 ed., 744; 19 Ency., 1 ed., 641. cite: As to relation of passenger and carrier: 5 Ency., 2 ed., 489; 40 Barb., 546. Nonsuit only granted in absence of proof of negligence: 41 S. C., 419, 455.
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Jones.
The plaintiff brought this action for damages for personal injury resulting from alleged negligence of defendant in throwing a trunk against her while its servants were unloading baggage at the Anderson depot, October 19, 1900. This appeal comes from the judgment on verdict in favor of plaintiff for $600, upon exceptions to the refusal of the motion for nonsuit and the charge to the jury.
1 The nonsuit was properly refused. There was evidence that plaintiff, with her several small children, went to the station at Anderson to take…
2Cases cited2 opinions
- Phillips v. Southern Railway Co.Supreme Court of North Carolina · 1899
- Johns v. Charlotte, &c., RailroadSupreme Court of South Carolina · 1893
3Cited by7 opinions
- Taylor v. Atlantic Coast Line RailroadSupreme Court of South Carolina · 1907
- Horne v. Southern Railway CompanySupreme Court of South Carolina · 1938
- State v. SmallsSupreme Court of South Carolina · 1906
- Brackett v. Southern Ry.Supreme Court of South Carolina · 1911
- Dubose v. Railroad Co.Supreme Court of South Carolina · 1908
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