Schumpert v. Southern Ry.
Supreme Court of South Carolina
Before Gary, J., Newberry, March, 1902. Action by James C. Schumpert against Southern Railway Co. and John Hutchison. From judgment for plaintiff, defendant appeals. cites: Plaintiff cannot allege that same act was both negligently and wilfully done: 61 S. C., 170; 22 St, 693; 42 S. C., 114; 55 S. C., 90; 60 S. C., 73. As to the joint and concurrent liability of the defendants: 179 U. S., 131; 1 Brev., 181; 9 Rich.
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Before Gary, J., Newberry, March, 1902. Action by James C. Schumpert against Southern Railway Co. and John Hutchison. From judgment for plaintiff, defendant appeals. cites: Plaintiff cannot allege that same act was both negligently and wilfully done: 61 S. C., 170; 22 St, 693; 42 S. C., 114; 55 S. C., 90; 60 S. C., 73. As to the joint and concurrent liability of the defendants: 179 U. S., 131; 1 Brev., 181; 9 Rich. R., 342; 2 Raym., 1007; 4 Term R., 589; 2 Fox & Smith, 200; Rice R., 162; 26 Fed., 50; 82 Fed., 790; 54 R. R. A., 649; 62 Me., 552; 13 R. R, 139; 5 Cush., 592; 72 Fed. R„ 637; Pom.…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Jones.
The plaintiff brought this action to recover damages for personal injuries sustained by him in a head end collision, at Belton, S. C., February 18, 1901, between two trains of the defendant company, on one of which plaintiff was engineer and on the other the defendant, Hutchison, was engineer. The Circuit Court, after trial and verdict, rendered judgment against both defendants for $10,000, which is now sought 'to be reversed upon the following grounds:
1 1. Alleged error in refusing to sustain the demurrer to the complaint. For this…
2Cases cited4 opinions
- Powers v. Chesapeake & Ohio Railway Co.Supreme Court of the United States · 1898
- Chesapeake & Ohio Railway Co. v. DixonSupreme Court of the United States · 1900
- Phelps v. . WaitNew York Court of Appeals · 1864
- Greenberg v. Whitcomb Lumber Co.Wisconsin Supreme Court · 1895
3Cited by34 opinions
- Ford v. Atlantic Coast Line R. Co.Supreme Court of South Carolina · 1932
- Johnson v. Atlantic Coast Line R.Supreme Court of South Carolina · 1927
- Louisville & Nashville R. R. v. AbernathySupreme Court of Alabama · 1916
- Hobbs v. Illinois Central RailroadSupreme Court of Iowa · 1915
- Jenkins v. Southern Railway Co.Supreme Court of South Carolina · 1924
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