Carter v. S. A. L. Ry. Co.
Supreme Court of South Carolina
Before Prince, J., Charleston, Fall term, 1919. Action by Jane Carter, as administratrix of Chas. L. Carter, deceased, against Seaboard Air Line Railway Co. From verdict for plaintiff, the defendant appeals. cite: Duty of railroad as to person on track who is seen to be helpless: 93 S. C. 17; 93 S. C. 49; 70 S. C. 183 : Traveled place is one in which public has acquired a right, but not one habitually traveled by trespassers: 34 S. C. 299; 41 S. C. 20; 34 S. C. 450; 47 S. C.…
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Before Prince, J., Charleston, Fall term, 1919. Action by Jane Carter, as administratrix of Chas. L. Carter, deceased, against Seaboard Air Line Railway Co. From verdict for plaintiff, the defendant appeals. cite: Duty of railroad as to person on track who is seen to be helpless: 93 S. C. 17; 93 S. C. 49; 70 S. C. 183 : Traveled place is one in which public has acquired a right, but not one habitually traveled by trespassers: 34 S. C. 299; 41 S. C. 20; 34 S. C. 450; 47 S. C. 375; 59 S. C. 429; 63 S. C. 494 ; 97 S. C. 423. Use must be so continuous and notorious that failure to object raised a…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Gage.
The plaintiff had a verdict against the defendant for $10,000 actual and $15,000 for punitive damages, for the killing of her husband, a man 62 years of age.
The event took place near the intersection of Cooper and Bay streets in the suburbs of Charleston, about nightfall; and, while a “work extra,” made up of caboose,- tank car, and engine, with engine to the north, was backing into the yards with the caboose at the tail end and no headlight upon it. The train backed against or ran over Carter, and killed him. No person who testified…
2Cases cited1 opinion
- Jones v. Charleston & Western Carolina Ry. Co.Supreme Court of South Carolina · 1901
3Cited by10 opinions
- Rhodes v. Southern Ry. Co.Supreme Court of South Carolina · 1927
- Smith v. Southern Railroad Co.Supreme Court of South Carolina · 1945
- Browder v. Southern Railway Co.Supreme Court of South Carolina · 1954
- Hayes v. Atlantic Coast Line R. Co.Supreme Court of South Carolina · 1941
- Gibbs v. ATLANTIC COAST LINE R. CO.Supreme Court of South Carolina · 1952
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