Bussey v. Charleston & Western Carolina Railway
Supreme Court of South Carolina
Before Memminger, J., Edgefield, Action by Eliz. J. Bussey., admx. of John C. Bussey, against Charleston and Western Carolina Railway.
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Before Memminger, J., Edgefield, Action by Eliz. J. Bussey., admx. of John C. Bussey, against Charleston and Western Carolina Railway. Rrom judgment for plaintiff, defendant appeals. cite: Knowledge of. a superior officer of the violation of a rule does not effect its abrogation: 37 S. E. R., 439; 22 S. E. R., 836; 45 S. E. R., 276; 20 Ency., 108; 1 Dab. on M. & S., 516; 12 S. E. R., 179. Plaintiff must show he was free from fault: 57 S. C., 298; 58 S. C., 417. Plaintiff must show negligence in defendant before he can recover: 2 Lab. on M. & S., 2332; 59.Ga., 436; 11 S. E., 781.…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Chief Justice Pope.
This, action was brought in July, 1905, by the plaintiff, Elizabeth Bussey, as administratrix of John C. Bussey, deceased, against the defendant railway company to recover damages for the alleged wrongful death of the intestate herein. The deceased was in the employ of the defendant railway as a sectionmaster, having under his control a section of road reaching from the neighborhood of Woodlawn, a station just on the south side of the Savannah River, to Rulaville, a station in Georgia. On the 25th of February, 1905, deceased,…
2Cases cited12 opinions
- Binion v. Georgia Southern & Florida Ry. Co.Supreme Court of Georgia · 1903
- Western & Atlantic Railroad v. ClarkSupreme Court of Georgia · 1903
- Railey v. Garbutt & Co.Supreme Court of Georgia · 1900
- Western & Atlantic Railroad v. VandiverSupreme Court of Georgia · 1890
- State Ex Rel. Southern Ry. v. EarleSupreme Court of South Carolina · 1903
7 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Webber v. Town of JonesvilleSupreme Court of South Carolina · 1913
- Clarkson v. Supreme Lodge, K. of P.Supreme Court of South Carolina · 1914
- Sturdyvin v. Atlanta & C. A. L. Ry. Co.Supreme Court of South Carolina · 1914
- Cato v. Atlanta & C. A. L. Ry. Co.Supreme Court of South Carolina · 1931
- Wiggins v. PowellCourt of Appeals for the Fifth Circuit · 1941
1 more not listed; retrieve them via the Exa API.