Gosa v. Southern Ry.
Supreme Court of South Carolina
Before Gary, J., Spartanburg, March term, 1903. Action by Fleeta Gosa against Southern Railway Co. From judgment for plaintiff, defendant appeals. cites: As to mental anguish of mother from sufferings of child: Bus. on Per. Inj., secs. 8 and 9; 8 Ency., 664; 2 Kent Com., 195; 17 Wall., 553; 2 ed. Cool, on Torts, 269; 77 Am. Dec., 72; Wat. on Dam. for Per. Inj., 512. Error to exclude declarations of bystander after accident: 34 P. R., 856; 78 Pa.
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Before Gary, J., Spartanburg, March term, 1903. Action by Fleeta Gosa against Southern Railway Co. From judgment for plaintiff, defendant appeals. cites: As to mental anguish of mother from sufferings of child: Bus. on Per. Inj., secs. 8 and 9; 8 Ency., 664; 2 Kent Com., 195; 17 Wall., 553; 2 ed. Cool, on Torts, 269; 77 Am. Dec., 72; Wat. on Dam. for Per. Inj., 512. Error to exclude declarations of bystander after accident: 34 P. R., 856; 78 Pa. St., 493; 43 Ark., 99; Gillett on Ind. and Coll. Ev., secs. 252, 253, 256; 9 Am. St. R., 891; 27 Am. St. R., 69, 904, 930; 1 Green. Ev., 109.…
1Opinion of the Court
The opinion herein was filed July 38th, 1903, but remittitur held up on petition for rehearing until
The opinion of the Court was delivered by
Mr. Justice Gary.
Statement of Facts. — This is an action for damages on account of injuries received by the plaintiff in a collision with an engine of defendant at a highway crossing. The material allegations of the complaint are as follows:
“II. That on the 30th day of October, A. D. 1900, plaintiff, with her infant daughter, nine weeks old, was traveling on the public highway in said county and State, in a wagon drawn by a mule, and that at or near Mt.…
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