Settlemeyer v. Southern Railway
Supreme Court of South Carolina
Before Aldrich, J., Cherokee, November, 1910. Action by W. B. Settlemeyer against Southern Railway— Carolina Division. Plaintiff appeals. cite: The Mason cese on which the trial Court relied is limited by recent decisions: 55 S. C. 422. Railroad company is liable for causing fright to horses: 33 Cyc. 1153. Courts will take judicial notice that horses will be frightened by uncommon odors: 16 Cyc. 852, 874. It is negligenes to. obstruct a highway: 66 S. C. 246; 53 S. C. 121;…
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Before Aldrich, J., Cherokee, November, 1910. Action by W. B. Settlemeyer against Southern Railway— Carolina Division. Plaintiff appeals. cite: The Mason cese on which the trial Court relied is limited by recent decisions: 55 S. C. 422. Railroad company is liable for causing fright to horses: 33 Cyc. 1153. Courts will take judicial notice that horses will be frightened by uncommon odors: 16 Cyc. 852, 874. It is negligenes to. obstruct a highway: 66 S. C. 246; 53 S. C. 121; 58 S.' C. 223; 47 S. C. 381; 63 S. C. 371; 84 S. C. 536. ■ ■ cite: The negligent act complained of must have c:used the…
1Opinion of the Court
The opinion; of the Court was delivered by
Mr. Justice Woods.
The allegations of negligence and injury resulting therefrom on which the plaintiff sought to recover from the defendant are as follows: “That on or about the ninth day of July, one thousand nine hundred and nine, while driving along the public highway leading from Cherokee Falls to his home at Gaffney, in said State and county, and while attempting- to cross the tracks of the defendant at a regular crossing, at the depot for Cherokee Falls, á freight car being used 'by the defendant was across the public road or highway, and had…
2Cases cited1 opinion
- Thompson v. Seaboard Air Line RailwaySupreme Court of South Carolina · 1907
3Cited by9 opinions
- Correll v. City of SpartanburgSupreme Court of South Carolina · 1933
- Huggins v. Atlantic Coast Line R. Co.Supreme Court of South Carolina · 1930
- Taylor v. Winnsboro MillsSupreme Court of South Carolina · 1928
- Hunt v. Southern Ry. Co.District Court, W.D. South Carolina · 1916
- Landreth v. Atlantic Refining Co.Supreme Court of South Carolina · 1935
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