J. W. Griffith & Bro. v. Atlantic Coast Line R. R.
Supreme Court of South Carolina
Before Memminger, J., Charleston, June, 1908. Action by J. W. Griffith & Bro. against Atlantic Coast Line R. R. Co. From judgment for defendants, plaintiffs appeal. Messrs.
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Before Memminger, J., Charleston, June, 1908. Action by J. W. Griffith & Bro. against Atlantic Coast Line R. R. Co. From judgment for defendants, plaintiffs appeal. Messrs. Legare, Holman & Baker, cite: The law laid down in DanneFs case was not changed by the stock law: 20 S. C., 249; 26 S. C., 49. Mr. Hyde cites: Same degree of care is not required where stock law is in force: Code, 1902, 1497; 31 S. C., 152; 20 S. C., 258; 26 S. C., 49; 20 S. C„ 249; 29 S. C„ 159; 47 S. C., 390.
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Woods.
The plaintiffs, who were contractors, engaged in the construction of the Charleston and Summerville Railroad, used in their work thirty-four mules, which at night were kept in one enclosure. On the night of 24th April, 1906, the mules broke one of the bars of the enclosure and four of them strayed on defendant’s railroad track, where they were killed between five and six o’clock in the morning, by a passenger train. This action was brought to recover damages for the loss. The defenses set up were: first, that defendant’s agents in…
2Cases cited2 opinions
- Davis v. Florida Central & Peninsular R. R.Supreme Court of South Carolina · 1896
- Harley v. Railroad Co.Supreme Court of South Carolina · 1889
3Cited by3 opinions
- McLeod v. Atlantic Coast Line R. R.Supreme Court of South Carolina · 1912
- Cumming v. LawrenceSupreme Court of South Carolina · 1911
- Gallishaw v. JacksonSupreme Court of South Carolina · 1914