Kirby v. Southern Ry.
Supreme Court of South Carolina
Before Townsend, J., Spartanburg, spring term, 1901. Action by Sarah Jane Kirby, as administratrix of Isom E. Kirby, against Southern Railway.
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Before Townsend, J., Spartanburg, spring term, 1901. Action by Sarah Jane Kirby, as administratrix of Isom E. Kirby, against Southern Railway. Brom judgment for plaintiff, defendant appeals. cite: As to what is a “traveled place,” under the statute: Rev. Stat., 1685; 41 S. C., 20; 59 S. C., 433; 1 Bail., 58; 3 Rich., 85; Cheves, 1; 1 Spear, 22; 11 S. C., 360; 2 Strob., 60; 6 Rich., 400. As to duty of a person on approaching a railway track where view is obstructed: 4 Ency., 1 ed., 945, 946; 8 Am. St. R., 804; 25 Mich.,*290; 2 Wood on R. R., 1519, 1518, 1540, 1541; 55 Am. St. R., 289; 66 N. W.…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Gary.
This is an action for damages for killing Isom F. Kirby in the manner set forth in the complaint, which, omitting the formal portions thereof, is as follows :
“3. That near the store of Clifton Manufacturing Company, located at Converse station, on the line of said railway, in Spartanburg County, there was on December 25th, 1897, and there had been for a long time previously, a road or trav eled place, upon which people came and went at will, on foot, horseback and in vehicles, going to and from beef market, work, pasture and other…
2Cited by10 opinions
- Hines v. SweeneyWyoming Supreme Court · 1921
- McBride v. Atlantic Coast Line RailroadSupreme Court of South Carolina · 1927
- Sanders v. Southern RailwaySupreme Court of South Carolina · 1914
- Snipes v. Davis, Director GeneralSupreme Court of South Carolina · 1925
- Moragne v. Charleston & Western Carolina Ry. Co.Supreme Court of South Carolina · 1907
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