Moore v. Greenville Traction Co.
Supreme Court of South Carolina
Before Memminger, J., Greenville, April, 1912. Action by W. H. Moore against Greenville Traction Company. Plaintiff appeals. Defendant is guilty of conscious failure of duty, which warrants punitive damages: 90 S. C. 868; 74 S. C. 377; 54 S. C. 505; 71 S. E. 238; 75 S. C. 301; 71 S. E. 855; 69 S. C. 445; 75 S. C. 116. Plaintiff was a passenger: Nellis on St. Ry. Accd.
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Before Memminger, J., Greenville, April, 1912. Action by W. H. Moore against Greenville Traction Company. Plaintiff appeals. Defendant is guilty of conscious failure of duty, which warrants punitive damages: 90 S. C. 868; 74 S. C. 377; 54 S. C. 505; 71 S. E. 238; 75 S. C. 301; 71 S. E. 855; 69 S. C. 445; 75 S. C. 116. Plaintiff was a passenger: Nellis on St. Ry. Accd. E. 39, 40, 41; 6 Cyc. 536; 52 S. C. 566; 72 S. C. 134; Moore on Carriers 550-1. Court shoirtd have instructed there ivas no issue of contributory negligence: 89 S. C. 97; 61 S. C. 187, 404; 69 S. C. 445; 75 S. C. 116. The law…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Woods.
In this action to recover damages for personal injuries received in alighting from defendant’s street car, the verdict and judgment were in favor of the defendant. The plaintiff’s appeal depends mainly on the alleged error of the Circuit Judge in refusing to charge the jury that contributory negligence is not a defense in an action based entirely on the alleged wilful and wanton tort of the defendant.
The complaint alleged that the plaintiff, wishing to go to Brandon Mills, boarded by mistake a “city car,” that on discovering the…
2Cited by2 opinions
- Watson v. SprottSupreme Court of South Carolina · 1926
- Watkins v. South Carolina Western Ry.Supreme Court of South Carolina · 1915