Petrie v. Columbia & Greenville Railroad
Supreme Court of South Carolina
Before Norton, J., Spartanburg, For a former appeal in this case, see 27 S. C., 63. In refusing the motion for a non-suit, the Circuit Judge said: I have no doubt that the failure of the company to comply with statutory requirement is negligence. It would seem to be proper that negligence affirmatively appearing, no circumstances being given whether or not it contributed to the injury, to submit that question to the jury. Our attention is very often momentarily called off.
Read the full summary
Before Norton, J., Spartanburg, For a former appeal in this case, see 27 S. C., 63. In refusing the motion for a non-suit, the Circuit Judge said: I have no doubt that the failure of the company to comply with statutory requirement is negligence. It would seem to be proper that negligence affirmatively appearing, no circumstances being given whether or not it contributed to the injury, to submit that question to the jury. Our attention is very often momentarily called off. Suppose this old woman’s attention was momentarily called, as is frequently the case. It is for the jury to say from the…
1Opinion of the Court
The opinion of the court was delivered by
Mr. Justice MoIver.
The plaintiff brings this action, as administrator of Margaret W. Petrie, to recover damages in behalf of her children, for injury sustained by them by reason of her death, caused by the alleged negligence of the defendant company. The testimony on behalf of the plaintiff tended to show that the deceased was a widow lady about the age of seventy-nine years, living with her son-in-law very near the track of the railroad, and that she was killed by a passenger train while attempting to cross the track of the railroad at or near a point…
2Cases cited4 opinions
- Railroad Co. v. BarronSupreme Court of the United States · 1867
- Tilley v. . the H.R.R.R. Co.New York Court of Appeals · 1864
- Balt. & Ohio R. R. v. Noell's adm'rSupreme Court of Virginia · 1879
- Murphy v. . N.Y. Cent. Hudson R.R.R. Co.New York Court of Appeals · 1882
3Cited by29 opinions
- Florida Central & Peninsular Railroad v. FoxworthSupreme Court of Florida · 1899
- Ford v. Atlantic Coast Line R. Co.Supreme Court of South Carolina · 1932
- Mishoe v. Atlantic Coast Line R. Co.Supreme Court of South Carolina · 1938
- State v. SteadmanSupreme Court of South Carolina · 1950
- Clark v. RossCourt of Appeals of South Carolina · 1985
24 more not listed; retrieve them via the Exa API.