Legal Opinion · Dissent

Davenport v. Southern Ry. Co.

Court of Appeals for the Fourth Circuit

Decided February 21, 1905No. 547Published

In Error to the Circuit Court of the United States for the District of South Carolina, at Charleston.

1DissentPurnell, District Judge

I cannot concur in the conclusion reached by the court, for the following reasons:

Suit was instituted in the court of common pleas for Greenville county, S. C., for $20,000 damages on account of the death of Emma Davenport at Piedmont, S. C. The action was brought against the Southern Railway Company and Richard Joel and William Jones, employés of said company; the complaint charging that the deceased was knocked off a trestle by a loose hand car loaded with cross-ties, negligently, recklessly, and willfully permitted to escape by said employés. Within due time the defendant railway company…

2Cases cited13 opinions

  1. Powers v. Chesapeake & Ohio Railway Co.Supreme Court of the United States · 1898
  2. Lake Shore & Michigan Southern Railway Co. v. PrenticeSupreme Court of the United States · 1893
  3. Vicksburg & Meridian Railroad v. PutnamSupreme Court of the United States · 1886
  4. Milwaukee & St. Paul Railway Co. v. ArmsSupreme Court of the United States · 1876
  5. Commissioners of Marion County v. ClarkSupreme Court of the United States · 1877

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