Cave v. Seaboard Air Line Ry.
Supreme Court of South Carolina
Before Memminger, J., Hampton, December, 1912. Action by T. L. Cave against Seaboard Air Dine Railway. Defendant appeals. No abusive language used by conductor: 62 S. C. 1; 136 Am. St. R. 307; Hutchison, sec. 1575; Thompson on Neg., sec. 2546; 6 Cyc. 582. Standing on platform is contributory negligence: 44 Am. R. 120; 81 S. C. 100.
1Opinion of the Court
The opinion of the Court was delivered by .
Mr. Justice Hydrick.
Desiring to attend the automobile races at Savannah, Ga., in November, 1910, plaintiff bought a round trip excursion ticket from Estill, S. C., to Savannah and return over defendant’s road. On the return trip the crowd on the train was so1 great that plaintiff could not get a seat. When the conductor demanded his ticket he refused, at first, to give it bo him unless he would furnish him a seat, but finally gave up his ticket, under threat of expulsion from the train.
Thereupon, plaintiff brought this action for damages, alleging…
2Cases cited2 opinions
- Savannah, Florida & Western Railway Co. v. QuoSupreme Court of Georgia · 1897
- Lou. & Nash. R. R. v. BallardCourt of Appeals of Kentucky · 1887
3Cited by12 opinions
- Brooker v. SilverthorneSupreme Court of South Carolina · 1919
- Currie v. Davis, Agent, Etc.Supreme Court of South Carolina · 1923
- Thomas v. Atlantic Greyhound Corp.Supreme Court of South Carolina · 1944
- Llewellyn v. Atlantic Greyhound Corp.Supreme Court of South Carolina · 1944
- Talbert v. Charleston & W. C. Ry. Co.Supreme Court of South Carolina · 1914
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