Legal Opinion

Taylor v. Atlantic Coast Line R. R.

Supreme Court of South Carolina

Decided November 24, 1908No. 7063PublishedCited by 30 opinions

Before Hydrick, J., Colleton, March, 1908. Action by Emily Taylor against Atlantic Coast Line Railroad Company. Upon motion to amend the complaint the Court permitted it amended by inserting in it the words printed below in italics: 9. “That upon arriving at said station of Green Pond, and while leaving the cars and station thereat, and before she had a reasonable time to leave the same, this plaintiff, in the presence of the employees of the defendant company at the depot…

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Before Hydrick, J., Colleton, March, 1908. Action by Emily Taylor against Atlantic Coast Line Railroad Company. Upon motion to amend the complaint the Court permitted it amended by inserting in it the words printed below in italics: 9. “That upon arriving at said station of Green Pond, and while leaving the cars and station thereat, and before she had a reasonable time to leave the same, this plaintiff, in the presence of the employees of the defendant company at the depot of said station, was surrounded by a drunken crowd of colored people, who violently pushed and jostled her, and abused…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice

Woods. The plaintiff at the trial in the Circuit Court on her original complaint recovered a verdict of ten thousand dollars. On appeal, the judgment was set aside and a new trial ordered. The nature of the action and the circumstances out of which the suit arose are set forth in detail in the former opinion, 78 S. C., 552, 59 S. E., 562. It is only necessary to say here that the original complaint was for punitive damages alone, under the allegation that the defendant, as a common carrier, wantonly and recklessly violated its duty to the…

2Cases cited5 opinions

  1. Baldwin v. Postal Telegraph Cable Co.Supreme Court of South Carolina · 1907
  2. MacHen v. Western Union Tel. Co.Supreme Court of South Carolina · 1905
  3. Ruberg v. BrownSupreme Court of South Carolina · 1897
  4. Hall v. WoodwardSupreme Court of South Carolina · 1889
  5. State v. PhilipsSupreme Court of South Carolina · 1906

3Cited by30 opinions

  1. Vernon v. Atlantic Coast Line R. Co.Supreme Court of South Carolina · 1951
  2. Coral Gables, Inc. v. Palmetto Brick Co.Supreme Court of South Carolina · 1937
  3. Kirven v. LawrenceSupreme Court of South Carolina · 1964
  4. Greenville Community Hotel Corp. v. Alexander Smith, Inc.Supreme Court of South Carolina · 1956
  5. Mims v. ReidCourt of Appeals for the Fourth Circuit · 1921

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