Legal Opinion

Trapp v. Southern Ry.

Supreme Court of South Carolina

Decided October 7, 1905PublishedCited by 3 opinions

Before Watts, J., Fairfield, fall term, 1904. Two actions : (1) Edgar Trapp against Southern Railway, and (3) E. Trapp' Brooks, against Southern Railway. From judgment for plaintiff in each case, defendant appeals. Mr. Sanders cites: No damages for mental suffering not accompanied with physical injury: 53 S. C., 597; 57 S. C., 330. Nonsuit as to wilfulness, should have been granted: 61 S. C., 170; 69 S. C., 434; 63 S. C., 370; 64 S. C., 433; 68 S. C., 144; 99 Fed.

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Before Watts, J., Fairfield, fall term, 1904. Two actions : (1) Edgar Trapp against Southern Railway, and (3) E. Trapp' Brooks, against Southern Railway. From judgment for plaintiff in each case, defendant appeals. Mr. Sanders cites: No damages for mental suffering not accompanied with physical injury: 53 S. C., 597; 57 S. C., 330. Nonsuit as to wilfulness, should have been granted: 61 S. C., 170; 69 S. C., 434; 63 S. C., 370; 64 S. C., 433; 68 S. C., 144; 99 Fed. R., 373; 44 Am. St. R., 76. cite: This Court cannot grant new trial for excessive damages: 11 S. C., 589, 195; 53 S. C., 310; 57…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Jones.

These actions, depending upon substantially the same facts, were tried together in the Circuit Court, and resulted in a judgment for $400 in favor of each plaintiff. The complaints claiiji damages for both negligence and wilfulness, in carrying plaintiffs beyond their station, while aboard defendant’s train as passengers.

It appears that on October 29, 1903, during the fair in Columbia, plaintiffs purchased tickets at Columbia for Book-man’s, a station on defendant’s railroad between Columbia and Alston, and boarded an excursion train…

2Cited by3 opinions

  1. Payne v. Atlantic Greyhound Bus LinesSupreme Court of South Carolina · 1936
  2. Ussery v. Augusta-Aiken Ry. Co.Supreme Court of South Carolina · 1908
  3. Christian v. Augusta & Aiken Ry. Co.Supreme Court of South Carolina · 1910

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