Legal Opinion

Kirkland v. Charleston & Western Carolina Ry.

Supreme Court of South Carolina

Decided March 6, 1908No. 6791PublishedCited by 4 opinions

Before Hydrick, J., Aiken, Winter Term, 1907. Action' by George D. Kirkland against -Charleston and Western Carolina Railway C’omjpany, originality brought in Barnwell County, but venue changed to Aiken 'County. From judgment for plaintiff, defendant appeals.

Read the full summary

Before Hydrick, J., Aiken, Winter Term, 1907. Action' by George D. Kirkland against -Charleston and Western Carolina Railway C’omjpany, originality brought in Barnwell County, but venue changed to Aiken 'County. From judgment for plaintiff, defendant appeals. The twielfth exception referred ¡to in the opinion is: 12. “In the course of the cross-examination of the plaintiff, the following questions were asked: ‘Q. You have been indicted before? Mr. Davis: I object; he wasi acquitted and counsel knows -it. The Court: I sustain) the objection. Mr. Izilar: He can state if he voluntarily wishes…

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 by the plaintiff through the negligence and wilful misconduct of the defendant in ejecting him from an. excursion train.

The complaint alleges: That on the 21st of August, 1903, he boarded one of the defendant’s passenger trains' at Varnville, to: go to Allendale, another station on defendant’s line, and was a passenger on said train; that after the train had passed Hampton and Brunson, the conductor demanded the fare; that he did not have a ticket, as the office at Vamville…

2Cases cited14 opinions

  1. White v. Norfolk & Southern RailroadSupreme Court of North Carolina · 1894
  2. Harmon v. Columbia & Greenville RailroadSupreme Court of South Carolina · 1888
  3. Johnson v. Charleston & Savannah Ry. Co.Supreme Court of South Carolina · 1899
  4. Johnstone v. Richmond, &c., R. R.Supreme Court of South Carolina · 1893
  5. Reed v. Southern RailwaySupreme Court of South Carolina · 1906

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

3Cited by4 opinions

  1. Cato v. Grendel Cotton MillsSupreme Court of South Carolina · 1925
  2. State v. DurhamSupreme Court of South Carolina · 1911
  3. Cato v. Grendel Cotton MillsSupreme Court of South Carolina · 1925
  4. Cato v. Grendel Cotton MillsSupreme Court of South Carolina · 1925

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API