Legal Opinion

Magill v. Southern Railway

Supreme Court of South Carolina

Decided July 25, 1913No. 8625PublishedCited by 6 opinions

Before Sease, J., York, November term', 1912. Action by Samuel T. M’agill, by guardian, against Southern Railway and W. W. Ferris. Defendants appeal. cites: Duty to warn: 93 S. C. 17. Declarations as part of res gestae: 68 S. C. 310; 47 S. C. 9; 68 S. C. 313; 86 S. C. 102. Contents of collateral zvriting may be given: 89 S. C. 417; 59 S. C. 467; 82 S. C. 427. Bvidence on same point cures error: 78 S. C. 143; 70 S. C. 315; 41 S. C. 415; 36 S. C. 374.

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Watts.

This was an action in the Count of Common Pleas for York county for $20,000 damages for alleged personal injuries to the plaintiff, received while on or near the track of the defendant, Southern Railway Company. The case was heard by Judge Sease, and a jury, at the November term of the Court, for said county, in 1912, and resulted in favor of the plaintiff for $8,000. At the close of plaintiff's testimony a motion was made and granted by the Court to direct a verdict for the defendant as to the cause of action for punitive damages set…

2Cases cited9 opinions

  1. State v. McDanielSupreme Court of South Carolina · 1904
  2. Jones v. Charleston & Western Carolina Ry. Co.Supreme Court of South Carolina · 1901
  3. Franks v. Southern Cotton Oil Co.Supreme Court of South Carolina · 1907
  4. Young v. McNeillSupreme Court of South Carolina · 1907
  5. Harman v. Southern Ry.Supreme Court of South Carolina · 1905

4 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. Marks v. I. M. Pearlstine & SonsSupreme Court of South Carolina · 1943
  2. State v. LongSupreme Court of South Carolina · 1938
  3. Sumter Trust Co. v. HolmanSupreme Court of South Carolina · 1926
  4. Atlantic Coast Line Railroad Company v. E. T. Truett, as Administrator of the Estate of Donald Truett, DeceasedCourt of Appeals for the Fourth Circuit · 1957
  5. Van Boven v. F. W. Woolworth Co.Supreme Court of South Carolina · 1962

1 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API