May v. Seaboard Air Line Ry. Co.
Supreme Court of South Carolina
Before SeasE, J., Union. Action by Gordon Hill May against the Seaboard Air Line Railway Company. Erom an order of nonsuit, plaintiff appeals. submit: Infants are entitled to greater care as passengers than adults: 2 Hutchinson on Carriers (2 Ed.), sec.-995. Plaintiff was lawfully on train from which he was ejected: 2 Hutchinson on Carriers (3d Ed.), sec. 1062. The ejectment at Chester was illegal: 2 Hutchinson on Carrriers (3d Ed.), sec. 1090. He was wronged and damaged;…
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Before SeasE, J., Union. Action by Gordon Hill May against the Seaboard Air Line Railway Company. Erom an order of nonsuit, plaintiff appeals. submit: Infants are entitled to greater care as passengers than adults: 2 Hutchinson on Carriers (2 Ed.), sec.-995. Plaintiff was lawfully on train from which he was ejected: 2 Hutchinson on Carriers (3d Ed.), sec. 1062. The ejectment at Chester was illegal: 2 Hutchinson on Carrriers (3d Ed.), sec. 1090. He was wronged and damaged; loss of time, inconvenience, mortification, distress of mind and body, and any indignity enter into compensatory damages:…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Chief Justice Gary.
This is an action for damages alleged to have been sustained by the plaintiff, through the failure of the defendant to transport him to his destination, without requiring him to change cars, on the ground that the train upon which he first became a passenger did not stop at the station mentioned in his ticket as his destination.
1 The appeal is from an order of nonsuit, on the ground that there was a failure of testimony, to sustain the material allegations of the complaint.
The plaintiff testifies as follows:
“I am 12 years old. I…
2Cases cited2 opinions
- Carter v. Southern Ry.Supreme Court of South Carolina · 1906
- Black v. Atlantic Coast Line R. R.Supreme Court of South Carolina · 1909