Legal Opinion

Carter v. Southern Railway

Supreme Court of South Carolina

Decided January 8, 1913No. 8401PublishedCited by 12 opinions

Before Watts, J., Fairfield, September term, 1911. Action by Mary J. Carter, administratrix of J. T. Carter, against Southern Railway Company and J. FI. Flerring.

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Before Watts, J., Fairfield, September term, 1911. Action by Mary J. Carter, administratrix of J. T. Carter, against Southern Railway Company and J. FI. Flerring. Defendant, Railway Company, appeals on the following exceptions: 1. “Because his Honor erred in refusing to’ grant the motion' for a nonsuit, and tO' direct a verdict in favor of the defendant upon the first ground, which was ‘that there is no evidence in -the case tending to show any breach of duty owed by the defendant to the plaintiff’s intestate, and no evidence of any negligence whatever upon the part of the defendant company…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Fraiser.

This was an action for punitive and actual damages brought by the plaintiff as administratrix, for the wrongful killing of her husband by the defendants.

The defendant, J. IT. Herring, was the engineer operating the train that killed the deceased. The verdict was against the railway company alone, and was for twelve thousand five hundred dollars. This verdict was reduced to nine thousand dollars by an order of Hon. R. C. Watts and accepted by the plaintiff. Judgment was entered for nine thousand dollars and costs. From this judgment…

2Cases cited10 opinions

  1. Matthews v. Seaboard Air Line RailwaySupreme Court of South Carolina · 1903
  2. Schumpert v. Southern Ry.Supreme Court of South Carolina · 1903
  3. Carson v. Southern Ry.Supreme Court of South Carolina · 1903
  4. Jones v. Charleston & Western Carolina Ry. Co.Supreme Court of South Carolina · 1901
  5. Bamberg v. Atlantic Coast Line R. R.Supreme Court of South Carolina · 1905

5 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. D. B. Loveman Co. v. BaylessTennessee Supreme Court · 1913
  2. Rhodes v. Southern Ry. Co.Supreme Court of South Carolina · 1927
  3. Taylor v. ATLANTIC COAST LINE R. CO.Supreme Court of South Carolina · 1950
  4. Kershaw Motor Co. v. Southern Ry. Co.Supreme Court of South Carolina · 1926
  5. Padgett v. SOUTHERN RY. CO.Supreme Court of South Carolina · 1950

7 more not listed; retrieve them via the Exa API.

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