Legal Opinion

Jones v. Charleston & Western Carolina Ry. Co.

Supreme Court of South Carolina

Decided March 25, 1903PublishedCited by 13 opinions

Before Watts, J., Anderson, October, 1902. Action by James L. Jones, administrator, against Charleston and Western Carolina Railway Co. From judgment for plaintiff, defendant appeals.

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Before Watts, J., Anderson, October, 1902. Action by James L. Jones, administrator, against Charleston and Western Carolina Railway Co. From judgment for plaintiff, defendant appeals. Mr. Simpson cites: Deceased was trespasser, and defendant owed no other duty than to trespasser: 64 S. C., 7, 546 ; 11 E. R. A., 385 ; 23 Id., 717; 24 A. & E. R. R. Ca., 57. Care required of one walking on track: Cooley on Torts, 804; 2 Thomp. on Trials, sec. 1689. Mr. Rucker cites: Deceased zvas trespasser: 64 S. C., 7, 553. Admission of ordinance error: 34 S. C., 292, 444; 33 S. C., 136; 39 S. C., 514; 64 S.…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Gary.

Statement of facts. — This is an action by the plaintiff against the defendant for damages, alleged to have been sustained through the negligent, wilful and careless operation of its train of cars, resulting in the death of his intestate. The jury rendered a verdict in favor of the plaintiff for $1,400. The defendant appeals upon the following exceptions:

“I. Because the presiding Judge erred in allowing the introduction of testimony of James R. Jones, P. K. McCully, W. T. McGill, J. R. Farmer, J. M. Patterson, M. Kennedy, E. D. Kay, W.…

2Cited by13 opinions

  1. Key, Admx. v. Charleston W.C. Rwy. Co.Supreme Court of South Carolina · 1928
  2. Cato v. Atlanta & C. A. L. Ry. Co.Supreme Court of South Carolina · 1931
  3. Lyon v. Charleston & Western Carolina Ry.Supreme Court of South Carolina · 1909
  4. Jenkins v. Southern Railway CompanySupreme Court of South Carolina · 1928
  5. Brown v. Western Union Telegraph Co.Supreme Court of South Carolina · 1912

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