Legal Opinion

Lilly v. Railroad Co.

Supreme Court of South Carolina

Decided February 25, 1890PublishedCited by 19 opinions

Before Fraser, J., Chester, March, 1889. This was an action by Sarah Lilly, as administratrix of Green Lilly, deceased, against the Charlotte, Columbia & Augusta Railroad Company, lessee of the Cheraw & Chester Railroad, commenced September 12, 1888, to recover $10,000 as damages for the negligent killing of intestate in February, 1887, by the breaking of a trestle on the leased road, intestate being a brakeman on a train of its cars.

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Before Fraser, J., Chester, March, 1889. This was an action by Sarah Lilly, as administratrix of Green Lilly, deceased, against the Charlotte, Columbia & Augusta Railroad Company, lessee of the Cheraw & Chester Railroad, commenced September 12, 1888, to recover $10,000 as damages for the negligent killing of intestate in February, 1887, by the breaking of a trestle on the leased road, intestate being a brakeman on a train of its cars. The complaint alleged the incorporation of defendant and the lease of the C. & C. R. R.; the employment of intestate as a brakeman ; the negligent condition of…

1Opinion of the Court

The opinion of the court was delivered by

Mr. Chief Justice Simpson.

One Green Lilly, the intestate, in 1887, while employed by the defendant company as a brakeman on its train, lost his life by the breaking and giving away of a certain trestle on the road. The plaintiff, appellant, administered upon his estate, and brought the action below for damages. There was no allegation in the complaint that the plaintiff was the widow of the deceased, or that he left children or any other kin, the complaint simply stating “that said plaintiff and -children of tender years were solely dependent for a…

2Cited by19 opinions

  1. Ruiz v. Santa Barbara Gas & Elec. Co.California Supreme Court · 1912
  2. City of Kansas v. HartSupreme Court of Kansas · 1899
  3. Glenn v. E. I. DuPont De Nemours & Co.Supreme Court of South Carolina · 1970
  4. Strickland v. MOBILE TOWING AND WRECKING CO., INC.Supreme Court of Alabama · 1974
  5. Boudreaux v. Tucson Gas, Electric Light & Power Co.Arizona Supreme Court · 1911

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