Proctor v. Southern Railway
Supreme Court of South Carolina
Before Townsend, J., Greenwood, September, 1901. Action by John M. Proctor against Southern Railway. From Circuit order refusing motion to amend complaint, plaintiff appeals. cite: Trial Judge had power to grant amendment: Code, 194; 13 S. C., 21, 397, 491; 22 S. C., 522; 21 S. C., 402; 28 S. C., 364; 1 Ency. P. & P., 517. Amendment asked for does not add a new cause of action: 1 Ency.
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Before Townsend, J., Greenwood, September, 1901. Action by John M. Proctor against Southern Railway. From Circuit order refusing motion to amend complaint, plaintiff appeals. cite: Trial Judge had power to grant amendment: Code, 194; 13 S. C., 21, 397, 491; 22 S. C., 522; 21 S. C., 402; 28 S. C., 364; 1 Ency. P. & P., 517. Amendment asked for does not add a new cause of action: 1 Ency. P. & P., 556, 557, 563, 564; 41 S. C., 143; 24 S. C., 476. Order refusing amendment for want of pozver is appealable: 1 Ency. P. & P., 531, 574; 17 S. C., 123; 10 S. C., 98; 27 S. C., 192; 18 S. C., 305; 35 S.…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Jones.
The appeal herein is from an order refusing to grant an amendment to the complaint. The paragraph of the complaint sought to be amended is as follows : “IV. That the plaintiff seeing that the said engine and train of freight cars attached thereto had come to a full stop, then drove his wagon and team back into the said public road and attempted to pass the said engine and train of freight cars attached thereto while standing, but as soon as the plaintiff approached near and opposite to the said engine, he being in the said public…
2Cases cited1 opinion
- Proctor v. Southern Ry.Supreme Court of South Carolina · 1901
3Cited by13 opinions
- Baldwin v. Postal Telegraph Cable Co.Supreme Court of South Carolina · 1907
- Furman v. A. C. Tuxbury Land & Timber Co.Supreme Court of South Carolina · 1919
- Payne v. CohenSupreme Court of South Carolina · 1933
- Coral Gables, Inc. v. Palmetto Brick Co.Supreme Court of South Carolina · 1937
- Bonner v. Western Union Telegraph Co.Supreme Court of South Carolina · 1905
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