Legal Opinion

Whisonant v. Atlanta & Charlotte Air Line Ry.

Supreme Court of South Carolina

Decided July 13, 1910No. 7617PublishedCited by 1 opinion

Before DLVorr, J., Cherokee, Fall term, 1909. Action' by Sallie L. Whisonant, administratrix, against Atlanta & Charlotte Air Line Railway Company.

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Before DLVorr, J., Cherokee, Fall term, 1909. Action' by Sallie L. Whisonant, administratrix, against Atlanta & Charlotte Air Line Railway Company. From judgment for plaintiff, defendant appeals. cite: Duty of master in furnishing safe place zvhere servant engaged in making repairs: 26 Oye., 1329, 1260; 77 S. C., 426; 78 S. C., 479. Servant assumed risk: 26 Cyc., 1188, 1196, 1202, 1204; 72 S. C., 237; 74 S. C., 419; 80 S. C., 233; 81 S. C., 522; 84 S. C., 287; 66 S. C., 256; 69 S. C., 529. cites: If inference of negligence could be drazvn from evidence, issue should go to jury: 85 S. C., 164.…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Gary.

This is an action for damages alleged to have been sustained on account of the wrongful acts of the defendant, in causing the death of plaintiff’s intestate.

The allegations of the complaint, material to the questions involved, are as follows:

“That on said - day of January, 1907, and before, plaintiff’s said intestate was employed by said lessee company, in and about the yard and tracks of the defendant company at Blacksburg, S. C., as an assistant car repairer and workman, and was on said date, by the wrongful acts, neglect and…

2Cases cited4 opinions

  1. Youngblood v. South Carolina & Georgia R. R.Supreme Court of South Carolina · 1901
  2. Dantzler v. Cox & DantzlerSupreme Court of South Carolina · 1906
  3. C. E. Rippy & Co. v. Southern Ry.Supreme Court of South Carolina · 1908
  4. Wertz v. Southern Ry.Supreme Court of South Carolina · 1907

3Cited by1 opinion

  1. Maddox v. Steel Heddle Manufacturing Co.Supreme Court of South Carolina · 1929

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