Loggins v. Southern Ry.
Supreme Court of South Carolina
Before Townsend, J., Anderson, October term, 1901. Action by James Hoggins against Southern Ry. From judgment for plaintiff, defendant appeals. cites: As to powers of conductors to make arrests: 22 Stat., 776; 2 N. & McC., 475 ; 17 S. C., 58; 16 S. C., 486; Crim.
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Before Townsend, J., Anderson, October term, 1901. Action by James Hoggins against Southern Ry. From judgment for plaintiff, defendant appeals. cites: As to powers of conductors to make arrests: 22 Stat., 776; 2 N. & McC., 475 ; 17 S. C., 58; 16 S. C., 486; Crim. Code, 1718; Townsend’s Code, 2174. cite: Power of conductor to arrest without warrant is conüned to time during which breach of the peace is being committed: Rev. 'Stat, 1717, 1718; 2 Black (Cooley ed.), book 4, 292, 1 Id., 355.
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Pope.
Briefly stated, the action instituted by the plaintiff sought to- make the defendant responsible in $2.000 for the alleged unlawful arrest and imprisonment of the plaintiff, on the 10th day of November, 1900, on the defendant’s passenger coaches, while such coaches were transporting passengers for hire between the stations on said railway at Seneca, S. C., and Richland, S. C., through the conductor of said train, who “wantonly, wickedly and without just cause assaulted plaintiff, and with force and intimidation restrained plaintiff of…
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