Cline v. Southern Railway Co.
Supreme Court of South Carolina
Action by D. J. Cline against' the Southern Railway Company and another. From a judgment for defendants, plaintiff appeals. submits: The evidence presents a jury issue: 96 S. E. Rep. 532; 89 S. C. 286; 106 S. C. 200; 96 S. E. 432; 78 S. C. 323. Was there any consideration for the settlement: 109 S. C. 29; 5 E. R. A. (N. S.) 1194 (Va.); Minor’s Institutes, vol. Ill, 139; (N. C.) 97 S. E. Rep. 655; 44 S. C. 378; 71 S. C. 577; 115 Am.
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Action by D. J. Cline against' the Southern Railway Company and another. From a judgment for defendants, plaintiff appeals. submits: The evidence presents a jury issue: 96 S. E. Rep. 532; 89 S. C. 286; 106 S. C. 200; 96 S. E. 432; 78 S. C. 323. Was there any consideration for the settlement: 109 S. C. 29; 5 E. R. A. (N. S.) 1194 (Va.); Minor’s Institutes, vol. Ill, 139; (N. C.) 97 S. E. Rep. 655; 44 S. C. 378; 71 S. C. 577; 115 Am. St. Rep. 880. Consideration of contract: 8 R. Ed. 60; Parsons on Contracts 479; 6 Enc. of R., 2d Ed. 711, 713, 714; 14 Am. St. Rep. 264; R. R. A. 1915b, 11; 71 Am.…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Hydrick.
On September 30, 1913, Cline was seriously and permanently injured while in the service of defendant as a bridge foreman. He was repairing a coal chute, and one of the bents, which he was trying to get into its place, fell on him and crushed or fractured, and possibly dislocated, some of the vertebrae of his spine. For several months he was under treatment of defendant’s surgeons. On the last of December the surgeon who last treated him told him that he had no permanent disability; that he would be well in four or five months, and…
2Cases cited4 opinions
- Cline v. Southern Ry. Co.Supreme Court of South Carolina · 1918
- Jenkins v. BennettSupreme Court of South Carolina · 1894
- Cline v. Southern Railway Co.Supreme Court of South Carolina · 1915
- Hughes v. Southern Ry.Supreme Court of South Carolina · 1912
3Cited by9 opinions
- Walker v. McDonaldSupreme Court of South Carolina · 1926
- McEachern v. WilsonSupreme Court of South Carolina · 1930
- Halsey v. Minnesota-South Carolina Land & Timber Co.District Court, E.D. South Carolina · 1932
- Pamplico Bank and Trust Co. v. ProsserSupreme Court of South Carolina · 1972
- Babb v. PAUL REVERE LIFE INS. CO.Supreme Court of South Carolina · 1953
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