McDowell v. Southern Railway Co.
Supreme Court of South Carolina
Action by Gilmore McDowell against the Southern Railway Company. Order of nonsuit, and plaintiff appeals. submits: The defendant is liable if the injury was caused by the negligence of the servants of defendant or by defective appliances, etc.: Fed-feral Employers’ Liability Act, sec. 1. A servant does not assume the risk-of injuries occasioned by the master’s negligence’, neither is contributory negligence available to defendant except to reduce the amount of damages:…
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Action by Gilmore McDowell against the Southern Railway Company. Order of nonsuit, and plaintiff appeals. submits: The defendant is liable if the injury was caused by the negligence of the servants of defendant or by defective appliances, etc.: Fed-feral Employers’ Liability Act, sec. 1. A servant does not assume the risk-of injuries occasioned by the master’s negligence’, neither is contributory negligence available to defendant except to reduce the amount of damages: Federal Employers’ Liability Act, sections 3 and 4; 98 S. C. 348; 223 U. S. 34; 56 L. Ed. 327; 98 S. C. 125. The risk, if…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Chiee ■Justice Gary.
This is an action for damages under the interstate commerce law, and the appeal is from order of nonsuit. The complaint alleges:
“ (1) That at the times hereinafter mentioned the defendant was and now is.,a railroad corporation owning property within the State and now operating freight and passenger trains as a common carrier for hire in Cherokee county, S. C., and other parts of the State, and into and from other States; has a freight and passenger office at Blacksburg, with agents therein. That plaintiff is a resident and…
2Cases cited13 opinions
- Second Employers'liability CasesSupreme Court of the United States · 1912
- Mondou v. New York, New Haven & Hartford RailroadSupreme Court of the United States · 1912
- Hicks v. Southern Ry.Supreme Court of South Carolina · 1902
- Levister v. Southern Ry. Co.Supreme Court of South Carolina · 1900
- Branch v. Port Royal &c. Railway Co.Supreme Court of South Carolina · 1892
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3Cited by6 opinions
- Hamilton Ridge Lumber Corp. v. Boston InsuranceSupreme Court of South Carolina · 1925
- Galphin v. Pioneer Life InsuranceSupreme Court of South Carolina · 1930
- Brown v. Walker Lumber Co.Supreme Court of South Carolina · 1924
- Harrison v. Southern Railway Co.Supreme Court of South Carolina · 1925
- Wescott v. State Highway CommissionSupreme Court of North Carolina · 1964
1 more not listed; retrieve them via the Exa API.