Oliver v. Columbia, Newberry & Laurens R. R.
Supreme Court of South Carolina
Before Benet, J., Richland, April term, 1900. Action by Alice E. Oliver and P. M. Oliver, her husband, against Columbia, Newberry and Raurens Railroad Company.
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Before Benet, J., Richland, April term, 1900. Action by Alice E. Oliver and P. M. Oliver, her husband, against Columbia, Newberry and Raurens Railroad Company. Erom judgment for plaintiffs, defendant appeals on the following exceptions: “1. Because the Court allowed the witness, W. M. Fitch, to state, over the objection of defendant’s counsel, that he shouted to the engineer when he saw this accident about to occur, and to state the reason for his shouting or hollering; wdiereas, it is submitted, that the statements of the witness to the engineer is not competent evidence; more especially…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. R. W. Shand, acting Associate Justice.
This was an action by Alice E. Oliver and her husband, commenced in November, 1896, to recover damages for injuries alleged to have been sustained by Mrs. Oliver by reason of defendant’s negligence, at Clinton, in Daurens County, on 27th November, 1895, between the hours of 2 and 3 A. M. Judgment was demanded for $10,000. The alleged cause of action was injury received by plaintiff in falling from a car on an excursion train by reason of the uncoupling of such car and the moyement of the other portion of the…
2Cases cited5 opinions
- Railway Co. v. McCarthySupreme Court of the United States · 1878
- Indianapolis & St. Louis Railroad v. HorstSupreme Court of the United States · 1876
- Railroad Co. v. PrattSupreme Court of the United States · 1875
- Hurst v. SelvidgeTennessee Supreme Court · 1847
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- Davenport v. WOODSIDE COTTON MILLS CO. INC.Supreme Court of South Carolina · 1954
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