Gardner v. Southern Ry. Co.
Supreme Court of South Carolina
Before DantzlER, J-, Sumter, April, 1902. Action by Samuel Gardner against Southern Railway Co. and Morgan B. Pierson. From judgment for defendants, plaintiff appeals. cite: Question of wilfulness should have been submitted to jury: 64 S. C., 491. Also negligence of defendant company, although its servants were carrying out its orders: 21 Ency., 1 ed., 151; 1 Jag. on Torts, 1 ed., 214; 3 Wall., 10. cite: Plaintiff is confined to his proof of negligence: 45 S. C., 278; 57 S.…
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Before DantzlER, J-, Sumter, April, 1902. Action by Samuel Gardner against Southern Railway Co. and Morgan B. Pierson. From judgment for defendants, plaintiff appeals. cite: Question of wilfulness should have been submitted to jury: 64 S. C., 491. Also negligence of defendant company, although its servants were carrying out its orders: 21 Ency., 1 ed., 151; 1 Jag. on Torts, 1 ed., 214; 3 Wall., 10. cite: Plaintiff is confined to his proof of negligence: 45 S. C., 278; 57 S. C., 433; 61 S. C., 170. Cause of action for zvilful tort is different from one for negligence: 35 S. C., 486; 61 S. C.,…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Jones.
This was an action against the Southern Railway Company and its engineer, Pierson, for damages for personal injuries alleged to have been sustained by plaintiff, while in the employ of the Sumter Compress Company, and engaged in loading a freight car of the defendant company with compressed bales of cotton, as the result of a violent collision of defendant’s locomotive engine, operated by Pierson, against said freight car, causing the bales of cotton to be thrown against plaintiff while in said car, and breaking one of his legs.
The…
2Cited by12 opinions
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- Southwestern Telegraph & Telephone Co. v. LongCourt of Appeals of Texas · 1915
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