Walker v. Southern Railway
Supreme Court of South Carolina
Action by Winto-n T. Walker against Southern Ry., Carolina Division, and Southern Ry. Co. From judgment for plaintiffs, defendants appeal. cite: Demurrer will lie to complaint if it states contributory negligence: 58 S. C., 491; 64 S. C., 553. Does the complaint show contributory negligence: .49 S. C., 12; 1 Hill, 365; 30 S. C., 539; 46 S. C., 327; 23 S. C., 531. Doctrine announced in Littlejohn v. R. R., 49 S. C., 18, is modified by Code 1902, sec. 1375. Attempting to cross…
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Action by Winto-n T. Walker against Southern Ry., Carolina Division, and Southern Ry. Co. From judgment for plaintiffs, defendants appeal. cite: Demurrer will lie to complaint if it states contributory negligence: 58 S. C., 491; 64 S. C., 553. Does the complaint show contributory negligence: .49 S. C., 12; 1 Hill, 365; 30 S. C., 539; 46 S. C., 327; 23 S. C., 531. Doctrine announced in Littlejohn v. R. R., 49 S. C., 18, is modified by Code 1902, sec. 1375. Attempting to cross over train is hazardous: Moore on Carriers, 673, 833, 836, 562. cite: The complaint does not show such gross and wilful…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Jones.
On August 13th, 1903, defendant’s freight train, consisting of an engine and fifteen box cars, going towards 'Columbia, S. C., took the siding at Monie or Walker’s station, in Barnwell County, to* clear for defendant’s fast passenger train No*. 33, going towards Savannah, which passed that station a few hours later without stopping and dropped the mail bag. The plaintiff w&s postmaster at Monie and lived and kept the postoffice near the station, and it was his duty to take charge of the mail bag as soon as possible after it was thrown…
2Cases cited3 opinions
- Littlejohn v. Richmond & Danville R. R.Supreme Court of South Carolina · 1897
- Thomasson v. Southern RailwaySupreme Court of South Carolina · 1905
- Bolin v. Southern Ry. Co.Supreme Court of South Carolina · 1903
3Cited by13 opinions
- Glenn v. Southern Railway Co.Supreme Court of South Carolina · 1928
- Myers v. Atlantic Coast Line R. Co.Supreme Court of South Carolina · 1934
- Lua v. Southern Pacific Transportation Co.California Court of Appeal · 1992
- Texas & New Orleans Railroad v. McLeodCourt of Appeals of Texas · 1910
- Baltimore & O. R. Co. v. PapaCourt of Appeals for the D.C. Circuit · 1943
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