Legal Opinion

Rookard v. Atlantic & Charlotte Air Line Ry. Co.

Supreme Court of South Carolina

Decided November 9, 1909No. 7366PublishedCited by 31 opinions

Before Klugi-i, J., Spartanburg, Action by Furman Rookard, adm. of Daniel Brown against Atlanta and Charlotte Air Dine Railway Company.

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Before Klugi-i, J., Spartanburg, Action by Furman Rookard, adm. of Daniel Brown against Atlanta and Charlotte Air Dine Railway Company. From judgment for plaintiff, defendant appeals. cite: Uvidence as to settlement inadmissible: 74 S. C., 143; 77 S. C., 553; 75 S. C., 170. Declarations of agent after transaction do not bind principal: 4 S. C., 153; 5 S. C., 358; 17 S. C., 519; 19 S. C., 354; 27 S. C., 64; 53 S. C., 448; 62 S. C., 129. Fvidence of payment of similar claims competent: 1 Green. Ev., 192; 74 S. C., 131; 22 S. W., 1013; 52 N. H., 330; 12 S. E., 1068; 16 Cyc., 952, 954; 1 Ency. of…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice; EIydrick.

While attempting to drive a carriage across defendant’s railroad, which was being operated by the Southern Railway Company, the plaintiff’s intestate came into collision with an engine. He was killed, and the carriage was demolished. This action ivas to recover damages for his death.

Against the objection of defendant, the court admitted evidence that the Southern Railway Company had paid the owner of the carriage for the damage done to it.

The sole point is whether this ruling was correct.

It is well settled that the lessor, the…

2Cited by31 opinions

  1. David v. McLeod Regional Medical CenterSupreme Court of South Carolina · 2006
  2. Johnson v. Atlantic Coast Line R.Supreme Court of South Carolina · 1927
  3. Cable Piano Co. v. Southern Ry.Supreme Court of South Carolina · 1913
  4. Jenkins v. Atlantic Coast Line R. R.Supreme Court of South Carolina · 1911
  5. Templeton v. C. & W. C. Ry. Co.Supreme Court of South Carolina · 1921

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