Settlemeyer v. Southern Railway
Supreme Court of South Carolina
Before Aldrich, J., Cherokee, November, 1910. Action by W. B. Settlemeyer against Southern Railway— Carolina Division. Plaintiff appeals. cite: The Mason cese on which the trial Court relied is limited by recent decisions: 55 S. C. 422. Railroad company is liable for causing fright to horses: 33 Cyc. 1153. Courts will take judicial notice that horses will be frightened by uncommon odors: 16 Cyc. 852, 874. It is negligenes to. obstruct a highway: 66 S. C. 246; 53 S. C. 121;…
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Before Aldrich, J., Cherokee, November, 1910. Action by W. B. Settlemeyer against Southern Railway— Carolina Division. Plaintiff appeals. cite: The Mason cese on which the trial Court relied is limited by recent decisions: 55 S. C. 422. Railroad company is liable for causing fright to horses: 33 Cyc. 1153. Courts will take judicial notice that horses will be frightened by uncommon odors: 16 Cyc. 852, 874. It is negligenes to. obstruct a highway: 66 S. C. 246; 53 S. C. 121; 58 S.' C. 223; 47 S. C. 381; 63 S. C. 371; 84 S. C. 536. ■ ■ cite: The negligent act complained of must have c:used the…
1DissentJustice Watts
This is an action brought in 1910 to recover three thousand ($3,000) dollars for injuries alleged to have been received by plaintiff in 1909, while driving along the public highway leading from Cherokee Falls to his home in Gaffney, S. C. .' Plaintiff is a physician and had occasion to go to Cherokee Falls on a professional visit to a patient. It is alleged iii the complaint that the defendant had left a freight car across the public highway or road, in violation of the statute law of this State,- and in wilful disregard of'the right of-plaintiff, and the public, 'and that by reason of…
2Cases cited3 opinions
- Pickens v. South Carolina & Georgia R. R.Supreme Court of South Carolina · 1899
- Brown v. Laurens CountySupreme Court of South Carolina · 1893
- Mason v. County of SpartanburgSupreme Court of South Carolina · 1894