Joyner v. South Carolina Railway Co.
Supreme Court of South Carolina
Before Kershaw, J., Richland, July, 1885. This was an action by Marie C. Joyner against the South Carolina Railway Company to recover the value of two mules belonging to pin intiff, which were killed by a mixed train of the defendant company on its track on the evening of November 17,1884. The plaintiff proved the value and ownership of the mules, and the fact of killing.
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Before Kershaw, J., Richland, July, 1885. This was an action by Marie C. Joyner against the South Carolina Railway Company to recover the value of two mules belonging to pin intiff, which were killed by a mixed train of the defendant company on its track on the evening of November 17,1884. The plaintiff proved the value and ownership of the mules, and the fact of killing. Defendant moved for a non-suit, which was refused, and then introduced the testimony of the engineer and conductor of the train as to the circumstances of the killing. It also appeared in evidence that these mules were not…
1Opinion of the Court
The opinion of the court was delivered by
Mr. Chief Justice Simpson.
The actibn below was brought to recover the value of two mules alleged to have been killed by a train of the defendant. The case was heard before Judge Kershaw and a jury in July, 1885, the defendant obtaining the verdict. Both sides have appealed — the defendant because his honor the presiding judge, refused a motion for a non-suit, made at the close of the plaintiff’s testimony ; the plaintiff on several exceptions alleging error in the charge and in certain refusals to charge. Before stating our conclusions as to these…
2Cases cited1 opinion
- Hegeman v. Western RailroadNew York Supreme Court · 1853
3Cited by15 opinions
- Ford v. Atlantic Coast Line R. Co.Supreme Court of South Carolina · 1932
- McLeod v. Atlantic Coast Line R. R.Supreme Court of South Carolina · 1912
- McMillan v. Gen. American Life Ins. Co.Supreme Court of South Carolina · 1940
- Baker v. Western Union Tel. Co.Supreme Court of South Carolina · 1910
- Sanders v. Commonwealth Life Ins. Co.Supreme Court of South Carolina · 1926
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