Legal Opinion

Johns v. Charlotte, &c., Railroad

Supreme Court of South Carolina

Decided April 18, 1893PublishedCited by 14 opinions

Before Kershaw, J., Chester, March, 1891. Action by William E. Johns against the Charlotte, Columbia and Augusta Bailroad, commenced February 5, 1890. It was heard on appeal in this court on December 2, 1891, before the two justices then in commission, and a reargument having been ordered, it was heard before the full bench on January 18, 1893. Thomas Bernard, being on the stand as a witness for plaintiff, proved that an old depot had been taken down and a new one built…

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Before Kershaw, J., Chester, March, 1891. Action by William E. Johns against the Charlotte, Columbia and Augusta Bailroad, commenced February 5, 1890. It was heard on appeal in this court on December 2, 1891, before the two justices then in commission, and a reargument having been ordered, it was heard before the full bench on January 18, 1893. Thomas Bernard, being on the stand as a witness for plaintiff, proved that an old depot had been taken down and a new one built about 150 feet distant. Alluding to the old depot, he was asked: “Q. Was there any hole where it had been? A. Yes, sir;…

1Opinion of the Court

The opinion of the court was delivered by

Mr. Justice McGowan.

This was an action to recover damages for personal injuries received by the plaintiff, a traveling salesman, on 30th of November, 1889, at Chester, S. C., while he was approaching a.t night the passenger depot of the Charlotte, Columbia and Augusta Railroad, by stepping into an open trestle on the main line of the Chester and Lenoir Narrow Gauge Railz-oad. There is no “Case stated,” but a plat is attached to the record which describes the premises. Counsel for the appellant states the facts as follows: “It seems that some time prior…

2Cases cited1 opinion

  1. McDonald v. Chicago & N. W. R. R.Supreme Court of Iowa · 1868

3Cited by14 opinions

  1. Taylor v. Atlantic Coast Line RailroadSupreme Court of South Carolina · 1907
  2. Horne v. Southern Railway CompanySupreme Court of South Carolina · 1938
  3. Kelly v. Rhode Island Public Transit AuthoritySupreme Court of Rhode Island · 1999
  4. Creech v. Char. & West. Car. Ry.Supreme Court of South Carolina · 1903
  5. Holcombe v. Southern Railway Co.Supreme Court of South Carolina · 1903

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