Legal Opinion

Folk v. Seaboard Air Line Railway

Supreme Court of South Carolina

Decided September 28, 1914No. 8949PublishedCited by 10 opinions

Before Gage, J., Bamberg, November, 1913. Action by Alma Folk against Seaboard Air Line- Railway to recover damages for injuries received at a railroad crossing. From a judgment for plaintiff, defendant appeals. The pleadings, facts and the first exception to the charge to the jury are stated in the opinion of the Court. The charge on Circuit was as follows: There are four main questions for you to decide in this case.

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Before Gage, J., Bamberg, November, 1913. Action by Alma Folk against Seaboard Air Line- Railway to recover damages for injuries received at a railroad crossing. From a judgment for plaintiff, defendant appeals. The pleadings, facts and the first exception to the charge to the jury are stated in the opinion of the Court. The charge on Circuit was as follows: There are four main questions for you to decide in this case. Get the allegations first thoroughly in your minds, and I think you will have no trouble about understanding what I say to you. It is contended by plaintiff’s counsel that on…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Watts.

This was an action for actual and punitive damages for alleged personal injuries to the plaintiff, caused by alleged negligent, reckless, wilful and wanton acts of the defendant at a public crossing, just outside the corporate limits of the town of Denmark, in the county of Bamberg, where the public highway crosses the defendant’s line of railroad. The plaintiff alleges in her complaint that on December 26, 1912, she was in a buggy drawn by a mule and driven by her brother going from her home in Bamberg county to the town of Denmark;…

2Cases cited1 opinion

  1. Bishop v. Southern Ry.Supreme Court of South Carolina · 1902

3Cited by10 opinions

  1. Ford v. Atlantic Coast Line R. Co.Supreme Court of South Carolina · 1932
  2. Robertsen v. State Farm Mutual Automobile InsuranceDistrict Court, D. South Carolina · 1979
  3. McCardle v. George B. Peck Dry Goods Co.Missouri Court of Appeals · 1915
  4. Ritter v. Atlantic Coast Line R. R.Supreme Court of South Carolina · 1915
  5. Ford v. Atlantic Coast Line R.Supreme Court of South Carolina · 1932

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