Wideman v. Hines, D.G.
Supreme Court of South Carolina
Before Sease, J., Greenwood, April, 1920. Action by Jane Wideman as Administratrix of J. N. Wideman, deceased, against Walker D. Hines, Director General of Railroads. From judgment for plaintiff defendant appeals.
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Before Sease, J., Greenwood, April, 1920. Action by Jane Wideman as Administratrix of J. N. Wideman, deceased, against Walker D. Hines, Director General of Railroads. From judgment for plaintiff defendant appeals. The portions of the Judges charge to which defendant excepted were as follows : “If you find that the defendant failed to give the statutory signals, and that that was the proximate cause of the alleged injury and damage, the plaintiff will be entitled to recover unless you find that those in charge of the operation of the automobile were guilty of want of slight care.” And—“I…
1DissentJustice Cothran
(dissenting) : The intestate, John Wideman, was killed at a railroad crossing by a col Iision between the automobile in which he was riding and an engine “running light” (that is, without a train) on December 18, 1919. The case was tried before Judge Sease and a jury April term, 1920, and resulted in a verdict of $5,000 in favor of the plaintiff.
At the close of all of the testimony the defendant made a motion for a directed verdict in his favor upon two grounds: (1) That there is no testimony tending to establish the allegations of negligence as the proximate cause of intestate’s injury and…
2Cases cited31 opinions
- Railroad Company v. HoustonSupreme Court of the United States · 1878
- Continental Improvement Co. v. SteadSupreme Court of the United States · 1877
- Schofield v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of the United States · 1885
- Elliott v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of the United States · 1893
- Northern Pacific Railroad v. FreemanSupreme Court of the United States · 1899
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