Creech v. Char. & West. Car. Ry.
Supreme Court of South Carolina
Action by Frank H. Creech against Charleston and Western Carolina Railway Co. From order overruling demurrer to complaint, defendant appeals. cite: No negligence alleged: 25 S. C., 24; 35 S. C., 381. Statute requiring stopping at railroad crossings does not apply to passengers: 44 111. App., 5.6; 38 S. C., 136; 39 S. C., 514; 64 S- C., 316, 546. Violation of 'railroad regulations here is not negligence to plaintiff: 21 S. C., 466; 26 S. C., 490; 29 S. C., 96; 22 S. C., 557;…
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Action by Frank H. Creech against Charleston and Western Carolina Railway Co. From order overruling demurrer to complaint, defendant appeals. cite: No negligence alleged: 25 S. C., 24; 35 S. C., 381. Statute requiring stopping at railroad crossings does not apply to passengers: 44 111. App., 5.6; 38 S. C., 136; 39 S. C., 514; 64 S- C., 316, 546. Violation of 'railroad regulations here is not negligence to plaintiff: 21 S. C., 466; 26 S. C., 490; 29 S. C., 96; 22 S. C., 557; 27 S. C., 71; 64 S. C., 553. As to negligence in getting on or off moving trains: 62 S. C., 130; 5 Ency., 2 ed., 655; 8…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Jones.
This appeal is from an order overruling a demurrer to the complaint. Eor the purpose of this appeal it is sufficient to state the third and fourth paragraphs of the complaint as follows:
“HI. That at the railway station of the defendant in the town of Fairfax, the defendant’s road crosses at grade the road and track of the South Bound Railroad Company, at which crossing all trains upon defendant’s road are required to come to a full stop before crossing. That at the times hereinafter mentioned the defendant, by its servants, lessees…
2Cases cited6 opinions
- Louisville & Nashville Railroad v. CrunkIndiana Supreme Court · 1889
- Jarrell v. Charleston & Western Carolina Ry.Supreme Court of South Carolina · 1900
- Central Railroad & Ranking Co. v. MilesSupreme Court of Alabama · 1889
- Cooper v. Georgia, Carolina & Northern Ry. Co.Supreme Court of South Carolina · 1899
- Johns v. Charlotte, &c., RailroadSupreme Court of South Carolina · 1893
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Stephens v. Southern RailwaySupreme Court of South Carolina · 1902
- Lyon v. Charleston & Western Carolina Ry.Supreme Court of South Carolina · 1907
- Pickett v. Southern Ry.Supreme Court of South Carolina · 1904
- Cooper v. Atlantic Coast Line R. R.Supreme Court of South Carolina · 1904
- Mitchell v. Augusta & Aiken Ry. Co.Supreme Court of South Carolina · 1910
7 more not listed; retrieve them via the Exa API.