Mims v. Atlantic Coast Line Railroad
Supreme Court of South Carolina
Before Memminger, J., Columbia, November, 1913. Action by Lizzie M. Mims, as administratrix of the estate of John J. Mims, deceased, plaintiff, against Atlantic Coast Line Railroad Company and S. B. Divine, defendants.
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Before Memminger, J., Columbia, November, 1913. Action by Lizzie M. Mims, as administratrix of the estate of John J. Mims, deceased, plaintiff, against Atlantic Coast Line Railroad Company and S. B. Divine, defendants. From judgment for plaintiff, the defendants appeal on the following exceptions: Exception I. His Honor, the presiding Judge, refused to allow defendant to introduce testimony as follows : (a) W. B. Pryor (train dispatcher) : “Mr. McKay: State whether or not, from your record, on the morning in question there were trains passing through Sumter, Atlantic Coast Line, from without…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Watts.
This was an action by plaintiff as administratrix for the benefit of herself and her four minor children to recover damages for the death of her husband on December 19, 1910, caused by the alleged joint and concurrent carelessness, negligence, recklessness,- wilfulness and wantonness of the defendants. This is the second appeal in the case. On the first trial at the close of all the testimony his Honor,. Judge Spain, granted a nonsuit, which, upon appeal, was reversed. The decision on the first appeal is reported in 95 S. C. 370, 78…
2Cases cited5 opinions
- Hanes v. . ShapiroSupreme Court of North Carolina · 1915
- Latimer v. General Electric Co.Supreme Court of South Carolina · 1908
- Rearden v. State Mutual Life InsuranceSupreme Court of South Carolina · 1908
- Irby v. Southern Express Co.Supreme Court of South Carolina · 1914
- Mims v. Atlantic Coast Line R. R.Supreme Court of South Carolina · 1913
3Cited by4 opinions
- Koennecke v. Seaboard Air Line RailwaySupreme Court of South Carolina · 1915
- Googe v. SpeaksSupreme Court of South Carolina · 1940
- Nichols v. Western Union Telegraph Co.Nevada Supreme Court · 1920
- Mulligan v. Atlantic Coast Line R. Co.Supreme Court of South Carolina · 1916