Legal Opinion

Davis v. Atlanta & Charlotte Air Line Railway Co.

Supreme Court of South Carolina

Decided April 8, 1902PublishedCited by 12 opinions

Before Bucpianan, J., July, 1900, and Blnrt, J., March, 1901, Greenville. Action by Lula M. Davis, administratrix of Joseph D. Davis, against Atlanta and Charlotte Air Line Railway Co. From judgment for plaintiff, defendant appeals. Mr. T. P. Cothran cites: Before there ccm be negligence to claimant, there must be a breach of duty to him: Cooley on Torts, 660; 37 N. J. L., 5; 78 Ind., 323; 2 Elliott, sec. 467; 14 A. & ER. R. Ca.

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Before Bucpianan, J., July, 1900, and Blnrt, J., March, 1901, Greenville. Action by Lula M. Davis, administratrix of Joseph D. Davis, against Atlanta and Charlotte Air Line Railway Co. From judgment for plaintiff, defendant appeals. Mr. T. P. Cothran cites: Before there ccm be negligence to claimant, there must be a breach of duty to him: Cooley on Torts, 660; 37 N. J. L., 5; 78 Ind., 323; 2 Elliott, sec. 467; 14 A. & ER. R. Ca. (N. S.), 803; 3 Elliott, 1956; 41 N. E. R., 1051. Pireman and engineer are fellow-servants: 1 McM., 385; 39 S. W. R., 358; 56 S. C., 446; 18 S. C., 270. Employees…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Pope.

This action came on for trial before his Honor, Judge Benet, and a jury. Verdict for the plaintiff. After entry of judgment, defendant appealed to this Court. The grounds of such appeal may be thus classified:

First. Alleged error of Judge Buchanan in overruling certain grounds of defendant’s demurrer to the original complaint.

Second. Alleged erroneous rulings of Judge Benet in refusing to allow the admission of certain testimony offered at the hearing before him by the defendant.

Third. Alleged errors in the charge of Judge Benet to the…

2Cited by12 opinions

  1. Reed v. Southern RailwaySupreme Court of South Carolina · 1906
  2. Sanders v. Charleston & W. C. Ry.Supreme Court of South Carolina · 1914
  3. Gowns v. Watts MillSupreme Court of South Carolina · 1926
  4. Taylor v. Winnsboro MillsSupreme Court of South Carolina · 1928
  5. Kirkland v. Charleston & Western Carolina Ry.Supreme Court of South Carolina · 1908

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