Osteen v. So. Car. Cotton Oil Co.
Supreme Court of South Carolina
Before Shipp, J., Greenville, September, 1914. Action by J. S. Osteen, as administrator of the estate of Richard S. Osteen, deceased, against South Carolina Cotton Oil Company. From judgment for plaintiff, defendant appeals.
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Before Shipp, J., Greenville, September, 1914. Action by J. S. Osteen, as administrator of the estate of Richard S. Osteen, deceased, against South Carolina Cotton Oil Company. From judgment for plaintiff, defendant appeals. The facts-are stated in the opinion. submit : Doctrine of respondeat superior does not apply to this case: 6 Ency. of R. 227; 5 S. C. 465; 15 Rich. 201; 1 Rabatt M. & S., secs. 16 and 27; 28 R. R.' A. 436; 72 S. C. 471; 84 S. C. 550; 85 S. C. 132; 94 S. C. 334; 71 S. W. 741; 26 R. R. A. 739, 741; 1 Rabatt M. & S., sec. 95; 132 111. App. 177; 60 S. E. 1015; 33 Mo. App.…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Fraser.
Appellant states .his case as follows :
• “On January 14, 1912, Richard S. Osteen, while on his way to the railroad station at College Place, in the city of Greenville, was crossing Beattie street when he ivas struck by a buggy which was being driven by a small negro. Death resulted and this suit was brought for the benefit of his wife and children. The verdict of the jury was for $2,000. This involved a finding that his death was caused by the negligence of the negro driver. Inasmuch as there was some testimony sustaining this…
2Cases cited1 opinion
- Polatty v. Char. & West. Car. Ry.Supreme Court of South Carolina · 1903
3Cited by16 opinions
- Hancock v. Aiken Mills, Inc.Supreme Court of South Carolina · 1936
- Snipes v. Augusta-Aiken Ry. & Electric Corp.Supreme Court of South Carolina · 1929
- Jacobi v. Claude Nolan, Inc.District Court of Appeal of Florida · 1960
- Burbage v. CurrySupreme Court of South Carolina · 1923
- Ice Service Co. v. ForbessSupreme Court of Arkansas · 1929
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