Davis v. Atlanta & Charlotte Air Line Ry. Co.
Supreme Court of South Carolina
Before Gary, J., Pickens, April, 1908. Action by Dula H. Davis, as administratrix, against Atlanta and Charlotte Air Dine Railway Company. Prom judgment for plaintiff, defendant appeals. cites: Plaintiff must show negligence of defendant as proximate cause of injury: 21 S. C., 470; 34 S, C., 450- 62 Am. Dec., 324; 56 Am. St. R., 843; 5 Am. R., 60; 05 N. S., 439; 65 Am. St. R„ 36; 46 Am. St. R., 849; 53 Am.
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Before Gary, J., Pickens, April, 1908. Action by Dula H. Davis, as administratrix, against Atlanta and Charlotte Air Dine Railway Company. Prom judgment for plaintiff, defendant appeals. cites: Plaintiff must show negligence of defendant as proximate cause of injury: 21 S. C., 470; 34 S, C., 450- 62 Am. Dec., 324; 56 Am. St. R., 843; 5 Am. R., 60; 05 N. S., 439; 65 Am. St. R„ 36; 46 Am. St. R., 849; 53 Am. St. R., 815; 72 S. C., 114. Contributory negligence: 58 S. C., 495; 56 S. C., 91; 72 S. C., 336, 114; 78 S. C., 380; 63 N. Y., 556. cite: Was going on platform negligence? 9 Rich., 84; 62…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Woods.
The plaintiff, Dula H. Davis, as administratrix, brought this action against the Atlanta and Charlotte Air Dine Railway Company for the alleged negligent killing of her husband, John W. Davis. There was evidence tending to prove that on 22d September, 1905, Davis was a passenger on defendant’s train between Easley and Beverly, having paid his fare to the latter place, which is a flag station; that on drawing near to Beverly the train blew the usual stop signal and slowed down, and that deceased went to the back platform and down on…
2Cases cited4 opinions
- Doolittle v. Southern Ry.Supreme Court of South Carolina · 1901
- Cooper v. Georgia, Carolina & Northern Ry. Co.Supreme Court of South Carolina · 1899
- Steele v. Southern Ry.Supreme Court of South Carolina · 1899
- Cooper v. Georgia, Carolina & Northern Ry. Co.Supreme Court of South Carolina · 1901
3Cited by1 opinion
- Valentine v. Seaboard Air Line Ry. Co.Supreme Court of South Carolina · 1925