Legal Opinion

Kelly v. Columbia Ry., Gas & Electric Co.

Supreme Court of South Carolina

Decided March 1, 1915No. 9013PublishedCited by 1 opinion

Before Prince, J., Columbia, March, 1914. Action by Maggie E. Kelly, as administratrix of the estate of Robert L. Kelly, deceased, against the Columbia Railway, Gas & Electric Company.

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Before Prince, J., Columbia, March, 1914. Action by Maggie E. Kelly, as administratrix of the estate of Robert L. Kelly, deceased, against the Columbia Railway, Gas & Electric Company. Judgment for plaintiff, and defendant appeals. submit: It was error to charge that a breach of the master’s rules by servant zvas negligence, per se: 85 S. C. 455. submit:- Violation of company’s rules was negligence, per se: 96 S. C. 228; 82 S. C. 542; 85 S. C. 471; 89 S. C. 527; 90 S. C. 42; 89 S. C. 15; Eabatt, Master and Servant, sec. 365; 68 S. C. 55; 46 S. E. 525; 73 S. C. 481; 53 S. E. 639; 95 S. C. 370;…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Watts.

This was an action by the plaintiff against the defendant for $25,000 damages, actual and punitive, for the alleged wanton, reckless, negligent, and wrongful killing of her son, and, after issue joined, the cause was tried before his Honor, Judge Prince, and a jury, at the March term of the Court for Richland county and resulted in a verdict for the plaintiff in the sum of $7,000. The defendant appeals and asks reversal upon nine exceptions.

1 The sixth exception is: In charging the jury that, if the defendant operated its car over a…

2Cases cited4 opinions

  1. Whaley v. OstendorffSupreme Court of South Carolina · 1911
  2. Dyson v. Southern Ry.Supreme Court of South Carolina · 1909
  3. Lindler v. Southern Ry.Supreme Court of South Carolina · 1910
  4. Stone v. Atlantic Coast Line R. R.Supreme Court of South Carolina · 1913

3Cited by1 opinion

  1. Crawford v. Charleston-Isle of Palms Traction Co.Supreme Court of South Carolina · 1923

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