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.…
1DissentJustice Woods
1 The first, second and third exceptions, I think, should be sustained. The material allegations of the complaint and the exceptions are copied in the opinion of Associate Justice Gary, and it is, therefore, unnecessary to set them out in full again. The •plaintiff and her infant were crossing the track of the defendant in a wagon upon a public highway. The locomotive of defendant struck the wagon, and the plaintiff and her infant were thrown out and injured. In the second paragraph of the complaint the allegation is, that without notice to the plaintiff, the defendant caused its locomotive…
2Cases cited10 opinions
- Black v. Carrollton RailroadSupreme Court of Louisiana · 1855
- Pickens v. South Carolina & Georgia R. R.Supreme Court of South Carolina · 1899
- Fillebrown v. HoarMassachusetts Supreme Judicial Court · 1878
- Keyes v. Minneapolis & St. Louis Railway Co.Supreme Court of Minnesota · 1886
- Youngblood v. South Carolina & Georgia R. R.Supreme Court of South Carolina · 1901
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