Riser v. Southern Ry.
Supreme Court of South Carolina
Before Izear, special J., Newberry, October, 1902. Action by Euther A. Riser against Southern Railway Company and Marion Rich.
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Before Izear, special J., Newberry, October, 1902. Action by Euther A. Riser against Southern Railway Company and Marion Rich. From judgment for plaintiff, defendants appeal on following exceptions, leaving out those stated in the opinion: “I. Motion to require election. 1. Error of the presiding Judge in overruling defendant’s motion to- require plaintiff to elect upon which cause of action stated in the complaint he would proceed to trial, namely, the cause of action based upon ordinary negligence or that based upon wilful tort. These causes of action are separate and distinct from, and…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Gary.
This is an action for $15,000 damages on account of personal injuries sustained by the plaintiff in a railroad collision, on defendant’s line, in Rich-land County, S. C., 26th September, 1901. The complaint sets forth two causes of action, separately stated — one based upon the joint and concurrent negligence of the defendants, the other upon their joint, concurrent, wilful tort. The complaint alleges that on the night of the 26th of September, 1901, the plaintiff was in charge of the United States mail as railway mail clerk upon the…
2Cited by12 opinions
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- Hagins v. Life Insurance Co.Supreme Court of South Carolina · 1905
- Caines v. Marion Coca-Cola Bottling Co.Supreme Court of South Carolina · 1941
- State v. NorrisSupreme Court of South Carolina · 1978
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