Legal Opinion

Cobb v. Columbia, &c., Railroad

Supreme Court of South Carolina

Decided September 22, 1892PublishedCited by 11 opinions

Before Kershaw, J., Abbeville, October, 1891. This was an action commenced by Butler W. Cobb against the Columbia and Greenville Railroad Company, on August 27, 1891, to recover damages for the value of a horse belonging t.o plaintiff, and alleged to have died from injuries received in running away when hitched to a plow and at work near the road-bed of defendant on May 19, 1891, plaintiff alleging that the horse had been frightened and caused to run by the unnecessary,…

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Before Kershaw, J., Abbeville, October, 1891. This was an action commenced by Butler W. Cobb against the Columbia and Greenville Railroad Company, on August 27, 1891, to recover damages for the value of a horse belonging t.o plaintiff, and alleged to have died from injuries received in running away when hitched to a plow and at work near the road-bed of defendant on May 19, 1891, plaintiff alleging that the horse had been frightened and caused to run by the unnecessary, negligent, and Wilful sounding of whistles and blowing off of steam, and shouting, yelling, Sac., of the train crew. At the…

1Opinion of the Court

The opinion of the court was delivered by

Mr. Justice Pope.

This appeal is from a judgment obtained at the October term, 1891, of the Court of Common Pleas for Abbeville County, by the plaintiff against defendant, and is upon three grounds: first, the refusal of defendant’s motion for a non-suit; second, the refusal of the defendant’s motion for a new trial for insufficiency of testimony; and third, for errors of law in the charge of his honor, Judge Kershaw, to the jury.

*1991 Under the decisions of this court, controlling the granting of non-suits and new trials, we see no error here. As to the…

2Cited by11 opinions

  1. Johnson v. Atlantic Coast Line R.Supreme Court of South Carolina · 1927
  2. Alsever v. Minneapolis & St. Louis RailroadSupreme Court of Iowa · 1902
  3. Carson v. Southern Ry.Supreme Court of South Carolina · 1903
  4. House v. CramerSupreme Court of Iowa · 1907
  5. Boling v. Clinton Cotton MillsSupreme Court of South Carolina · 1931

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