Legal Opinion

Shealey v. South Car. & Ga. Ry. Co.

Supreme Court of South Carolina

Decided July 8, 1903PublishedCited by 5 opinions

Before Gage, J., Aiken, January, 1903. Action by Bennett Shealey against South Carolina and Georgia Railway Co. From judgment for defendant, plaintiff appeals. cite: As to proof of customs: Green on Ev., secs. 99, 137, 138, 149, 252. Duty of conductor to passengers alighting: Hutch, on Car., 726; 13 L. R. A., 97. As to charge on contributory negligence: 61 S. C., 353; 55 S. C., 397. The latter cite: As to proof of customs: 11 Ency., 2 ed., 504, 512; 38 S. C., 199, 235; 27…

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Before Gage, J., Aiken, January, 1903. Action by Bennett Shealey against South Carolina and Georgia Railway Co. From judgment for defendant, plaintiff appeals. cite: As to proof of customs: Green on Ev., secs. 99, 137, 138, 149, 252. Duty of conductor to passengers alighting: Hutch, on Car., 726; 13 L. R. A., 97. As to charge on contributory negligence: 61 S. C., 353; 55 S. C., 397. The latter cite: As to proof of customs: 11 Ency., 2 ed., 504, 512; 38 S. C., 199, 235; 27 Ency., 700. As to duty of conductor to alighting passengers: Ell. on R. R., sec. 1628; 4 Am. St R., 378; 11 Am. & Eng. R.…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Jones

In this action plaintiff sought to recover damages for personal injuries alleged to have been sustained by him -while a passenger on defendant’s train at Langley, S. C., August 3, 1900, through the negligence of defendant, alleged to consist in: (1) failing to' stop the train at Langley station for a time sufficient to allow plaintiff to alight therefrom; (2) suddenly causing the train to move forward with a jerk while he was on the steps of the passenger coach fo'r the purpose of alighting, thereby bruising, twisting and straining his…

2Cases cited3 opinions

  1. Hurt v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1887
  2. Highland Avenue & Belt Railroad v. BurtSupreme Court of Alabama · 1890
  3. Raben v. Central Iowa R'y Co.Supreme Court of Iowa · 1887

3Cited by5 opinions

  1. State v. FrankSupreme Court of South Carolina · 1974
  2. Brewer v. Atlantic Coast Line RailroadSupreme Court of South Carolina · 1929
  3. Best v. Columbia Street Railway, Light & Power Co.Supreme Court of South Carolina · 1910
  4. Best v. Columbia Street Railway, Light & Power Co.Supreme Court of South Carolina · 1910
  5. Curlee v. Southern Railway Co.Supreme Court of South Carolina · 1923

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