Legal Opinion

Howell v. Atlantic Coast Line R. R.

Supreme Court of South Carolina

Decided September 25, 1914No. 8946PublishedCited by 12 opinions

Before C. J. Ramage, special Judge, St. Matthews, November, 1913. Action by J. H. Howell against Atlantic' Coast Line R. R. Co. Erom a judgment for plaintiff, defendant appeals.

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Before C. J. Ramage, special Judge, St. Matthews, November, 1913. Action by J. H. Howell against Atlantic' Coast Line R. R. Co. Erom a judgment for plaintiff, defendant appeals. The facts are stated in the opinion. submit: Alleged statement of conductor was hearsay and incompetent: 52 S. C. 309. Sufficiency of evidence was for the trial Court on motion to direct verdict for defendant: 109 U. S. 478; 27 R. Ed. 1003; 164 U. S. 301; 41 R. Ed. 442; 179 Ú. S. 658; 45 L. Ed. 361; 232 U. S. 248. Federal Bmployers’ Liability Act creates the cause of action in favor of employee: 257 U. S. 145; 57 R.…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Hydricic.

Plaintiff recovered judgment against defendant for $200.00 damages for personal injuries. He testified that in June, 1910, he was employed in loading trunks on one of defendant’s passenger trains, at the Union Station, in Columbia; that while attempting to place a heavy trunk •upon others in the baggage car a shifting engine struck the car so suddenly and violently that he was thrown down and the trunk fell on him and injured him; that the leaving time of the train was 6 :05 a. m., and that it was bound for Charleston; that he had…

2Cases cited1 opinion

  1. Miedreich v. LauensteinSupreme Court of the United States · 1914

3Cited by12 opinions

  1. Brenizer v. Nashville, Chattanooga & St. Louis RailwayTennessee Supreme Court · 1928
  2. Montgomery v. National Convoy & Trucking Co.Supreme Court of South Carolina · 1938
  3. Koennecke v. Seaboard Air Line RailwaySupreme Court of South Carolina · 1915
  4. Atlantic Coast Line Railroad v. SearsonSupreme Court of South Carolina · 1926
  5. Dutton v. Atlantic Coast Line R. Co.Supreme Court of South Carolina · 1916

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