Sanders v. Southern Railway
Supreme Court of South Carolina
Before Frank B. Gary, J., Action by Darby D. Sanders, as administrator, against Southern Railway — Carolina Division. From judgment for plaintiff, defendant appeals.
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Before Frank B. Gary, J., Action by Darby D. Sanders, as administrator, against Southern Railway — Carolina Division. From judgment for plaintiff, defendant appeals. As to statutory cause of action: 1 Code of Daws 3133, 3139; 41 S. C. 86; 91 S. C. 546; 41 S. C. 1. No evidence of statutory traveled place: 67 S. C. 499; Jones, Easements, sec. 381; 85 S. C. 443, 444. Harmless error: 93 S. C. 395. Common law cause of action: 61 S. C. 556. Licensee: 67 S. C. 499. Trespasser: 90 S. C. 363. Exceptions too general: 82 S. C. .328; 88 S. C. 83; 63 S. C. 528; 68 S. C. 62. Traveled place: 67 S. C. 499;…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Hydrick.
While Robert Sanders was walking along defendant’s right of way, going from Columbus street to Line street, in the city of Charleston, he was knocked down and run over by a box car, which was being pushed by a switch engine, and his leg was cut off. He recovered judgment against defendant for $12,500 damages for the injury. He died a short time after the verdict was rendered, and the action was continued in the name of the plaintiff, as administrator of his estate.
That part of defendant’s right of way which lies between Columbus…
2Cases cited12 opinions
- Matthews v. Seaboard Air Line RailwaySupreme Court of South Carolina · 1903
- Strother v. So. Ca. & Ga. R. R.Supreme Court of South Carolina · 1896
- Barber v. Richmond, &c., RailroadSupreme Court of South Carolina · 1891
- Hankinson v. Charlotte &c. R. R.Supreme Court of South Carolina · 1894
- Hale v. Columbia, &c., RailroadSupreme Court of South Carolina · 1891
7 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Chisolm v. Seaboard Air Line Ry.Supreme Court of South Carolina · 1922
- Miller v. Atlantic Coast Line RailroadSupreme Court of South Carolina · 1926
- Miller, Administrator v. A.C.L.R. Co.Supreme Court of South Carolina · 1926
- McBride v. Atlantic Coast Line RailroadSupreme Court of South Carolina · 1927
- Snipes v. Davis, Director GeneralSupreme Court of South Carolina · 1925
7 more not listed; retrieve them via the Exa API.