Ruddell v. Seaboard Air Line Railway
Supreme Court of South Carolina
Before W. A. Holman, special Judge, Hampton-, January, 1906. Action, -by W. G. Ru-ddell against Seaboard Air Line Ry. and C. A. Brinkley. From verdict for plaintiff, defendant railway appeals. The former cite: And distinguish from Ms case as to verdicts against one joint tort feasor: Schumpert v. Ry,, and Hutchison, 65 S. C.,; Gardner v. Ry. and Pierson, 65 S. C.; Carson v. Ry. and Arwood & Miller, 68 S. C.; 1 Mills- Con.
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Before W. A. Holman, special Judge, Hampton-, January, 1906. Action, -by W. G. Ru-ddell against Seaboard Air Line Ry. and C. A. Brinkley. From verdict for plaintiff, defendant railway appeals. The former cite: And distinguish from Ms case as to verdicts against one joint tort feasor: Schumpert v. Ry,, and Hutchison, 65 S. C.,; Gardner v. Ry. and Pierson, 65 S. C.; Carson v. Ry. and Arwood & Miller, 68 S. C.; 1 Mills- Con. Rep., 333. Mr. Moore cites: As to pozuer of Circuit Judge to grant newi trial: 8 S. C., 173; 14 S. C., 324; 19 S. C., 579; 57 S. C., 289, 138; 69 S. C., 444, 453; Blowers v.…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Woods.
The plaintiff recovered judgment for $4,999 on account of personal injuries alleged to> have been received from falling into a hole defendant had dug on its right of way within a few feet of a path which was one of the main thoroughfares of the' town of Fairfax, and along which plaintiff was walking in the night time, in ignorance of the existence of the hole. The complaint charged negligence, recklessness., wilfulness and wantonness on the part of the defendant as the proximate cause of the injury, in making' the hole and allowing it…
2Cases cited5 opinions
- Schumpert v. Southern Ry.Supreme Court of South Carolina · 1903
- Carson v. Southern Ry.Supreme Court of South Carolina · 1903
- Bodie v. Char. & West. Car. Ry. Co.Supreme Court of South Carolina · 1903
- Gardner v. Southern Ry. Co.Supreme Court of South Carolina · 1903
- Davis v. Southern Ry.Supreme Court of South Carolina · 1904
3Cited by9 opinions
- Rhodes v. Southern Ry. Co.Supreme Court of South Carolina · 1927
- Carter v. Southern RailwaySupreme Court of South Carolina · 1913
- Gray v. DavisSupreme Court of South Carolina · 1966
- Padgett v. SOUTHERN RY. CO.Supreme Court of South Carolina · 1950
- Wood v. Pacolet Mfg. Co.Supreme Court of South Carolina · 1908
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