Polatty v. Char. & West. Car. Ry.
Supreme Court of South Carolina
Before Buchanan, J., Laurens, October, 1902. Action by Everett Polatty, minor, by his guardian ad litem, W. M. Polatty, against Charleston and Western Carolina Railway. Defendant appeals from Circuit judgment. cite: Master is only liable for acts of servant within scope of his authority: 1 Ency., 2 ed., 988; 20 Ency., 2 ed., 167; 1 Rorer on R. R., 1192; 38 S. C., 29; 58 S. C., 143; 15 Ency., 2 ed., 808; 11 Ency., 2 ed.
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Before Buchanan, J., Laurens, October, 1902. Action by Everett Polatty, minor, by his guardian ad litem, W. M. Polatty, against Charleston and Western Carolina Railway. Defendant appeals from Circuit judgment. cite: Master is only liable for acts of servant within scope of his authority: 1 Ency., 2 ed., 988; 20 Ency., 2 ed., 167; 1 Rorer on R. R., 1192; 38 S. C., 29; 58 S. C., 143; 15 Ency., 2 ed., 808; 11 Ency., 2 ed. As to removal of trespassers from cars by employees: 20 Ency., 172; 49 Am. R., 780. As to wilful, &c., acts of servant: 20 Ency., 169, 171, 174; 26 Ind., 70; 37 S. C., 194; 58…
1Opinion of the Court
November 24, 1903. The opinion of the Court was delivered by This was an action for damages for personal injuries. At the conclusion of plaintiff's testimony, defendant moved for a nonsuit, which motion was denied by the Circuit Judge. Upon the testimony and the charge of the Judge, the jury returned a verdict in favor of plaintiff. After judgment, defendant appealed upon the ground of alleged error of the Circuit Judge in refusing motion for nonsuit. It becomes necessary, therefore, to direct our inquiry to this alleged error. The grounds of appeal are as follows:
"(1) Because the Circuit…
2Cases cited1 opinion
- Redding v. South Carolina RailroadSupreme Court of South Carolina · 1871
3Cited by14 opinions
- Courtney v. American Ry. Express Co.Supreme Court of South Carolina · 1922
- Stephens v. Southern RailwaySupreme Court of South Carolina · 1902
- Adams v. Southern Bell Telephone & Telegraph Co.Court of Appeals for the Fourth Circuit · 1924
- Osteen v. So. Car. Cotton Oil Co.Supreme Court of South Carolina · 1915
- Fields v. Lancaster Cotton MillsSupreme Court of South Carolina · 1907
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