Legal Opinion

Brice v. Southern Ry.

Supreme Court of South Carolina

Decided March 14, 1910No. 7489PublishedCited by 3 opinions

Before Klugh, J., Fairfield, February term, 1909. Action by Walter Brice against Southern Railway Company. From judgment for plaintiff, defendant appeals. cite: Plaintiff was guilty of contributory negligence: Moore on Car., 856; 1 Tet. on Car., 428-30; 3 Hutch, on Car., secs. 1196-8; 39 W. Va., 36-6; 9 Rich.

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Before Klugh, J., Fairfield, February term, 1909. Action by Walter Brice against Southern Railway Company. From judgment for plaintiff, defendant appeals. cite: Plaintiff was guilty of contributory negligence: Moore on Car., 856; 1 Tet. on Car., 428-30; 3 Hutch, on Car., secs. 1196-8; 39 W. Va., 36-6; 9 Rich. R., 84; 81 S. C., 100. Instruction as to injury being prima facie evidence of negligence error: 77 S. C., 434; 83 S. C., 53. cites : Presumption of negligence from injury to passenger: 74 S. C., 136; 9 Rich. R., 84; 62 S. C., 137; 55 S. C., 391; 61 S. C., 354; 58 S. C., 494; 12 S. C.,…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Woods.

This appeal is from a judgment for $500.00 recovered on a complaint alleging that the plaintiff, while a passenger, fell from defendant’s train and received personal injuries because of the negligent and reckless failure of the conductor to properly care for him as a passenger, and because of the negligent, reckless, wanton, wilful and malicious failure of the conductor to stop the train, and of the conductor and other agents of the defendant to search for and rescue the plaintiff after he had fallen. A short summary of the evidence…

2Cases cited7 opinions

  1. Jarrell v. Charleston & Western Carolina Ry.Supreme Court of South Carolina · 1900
  2. Doolittle v. Southern Ry.Supreme Court of South Carolina · 1901
  3. Steele v. Southern Ry.Supreme Court of South Carolina · 1899
  4. Anderson v. South Carolina & Georgia R. R.Supreme Court of South Carolina · 1907
  5. McLean v. Atlantic Coast Line R. R.Supreme Court of South Carolina · 1908

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

3Cited by3 opinions

  1. Hall v. Southern Ry.Supreme Court of South Carolina · 1911
  2. Valentine v. Seaboard Air Line Ry. Co.Supreme Court of South Carolina · 1925
  3. Martinez v. American RailroadDistrict Court, D. Puerto Rico · 1920

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