Legal Opinion

Mims v. Atlantic Coast Line R. R.

Supreme Court of South Carolina

Decided August 9, 1913No. 8635PublishedCited by 1 opinion

Before Spain, J., Richland, -April, 1912. Action by Lizzie Mims, administratrix of Jno. J. Mims, against Atlantic Coast Line- Railroad Company and S. B. Divine. Plaintiff appeals’. cite: On main issue: 78 S. C. 63; 90 S. C. 462; 93 S. C. 543, 2G3; 47 S. C. 382; 45 S. C. 183; 76 S. C. 163; 76 S. C. 378; 78 S. C. 547. cite: Res gestae: 77 S. E. 721; 86 S. C. 103. On the main issue: 85 S. C. 355; 94 S. C. 143; 78 S. C. 377; 81 S. C. 193.

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Chiee Justice Gary.

This is an action by the plaintiff, as administratrix of John J. Mims’ estate, to recover damages against the defendants, for the benefit of herself and children, on account of the death of her husband, alleged to have been caused by the joint and concurrent negligence and recklessness of the defendants.

The allegations of the complaint, material to the question' under consideration, are set forth in -the 4th, 5th, and 6th, paragraphs thereof, which are as follows :

4th. “That the defendant, S. B. Divine, is a citizen of the State…

2Cases cited1 opinion

  1. Drawdy v. Atlantic Coast Line RailroadSupreme Court of South Carolina · 1907

3Cited by1 opinion

  1. Mims v. Atlantic Coast Line RailroadSupreme Court of South Carolina · 1915

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