Legal Opinion

Bolin v. Southern Ry. Co.

Supreme Court of South Carolina

Decided February 16, 1903PublishedCited by 10 opinions

Before Townsend, J., Spartanburg, June, 1902. Action by T. A. Bolin against Southern Railway Co. Prom order on motion to make complaint more definite and certain, both parties appeal. cite: Acts of negligence and wantonness may he stated in one cause of action: 22 Stat., 693; 61 S. C., 170; 64 S. C., 495; 35 S. C., 486; 42 S. C., 114; 57 S. C., 234. Complaint must state cause of action clearly enough to inform defendant whether to deny same or not: 6 Ency.

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Before Townsend, J., Spartanburg, June, 1902. Action by T. A. Bolin against Southern Railway Co. Prom order on motion to make complaint more definite and certain, both parties appeal. cite: Acts of negligence and wantonness may he stated in one cause of action: 22 Stat., 693; 61 S. C., 170; 64 S. C., 495; 35 S. C., 486; 42 S. C., 114; 57 S. C., 234. Complaint must state cause of action clearly enough to inform defendant whether to deny same or not: 6 Ency. P. & P., 249; 11 A. & E. R. R. C., 2; 61 S. C., 170; 63 S. C., 363; Code, 163-180; 4 Ency. P. & P., 607; 35 S. C., 381. Defendant is…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Gary.

The plaintiff and defendant are both appellants. The plaintiff appeals from that part of an order requiring him to make his complaint definite and certain in the particulars mentioned in the order. The defendant appeals because the Circuit Judge refused to require the plaintiff to make his complaint definite and certain in other particulars.

Paragraph 2 of the complaint alleges that the plaintiff was employed by the defendant as a locomotive engineer to operate a shifting engine in the yards of the defendant. The complaint in its third…

2Cited by10 opinions

  1. MacHen v. Western Union Tel. Co.Supreme Court of South Carolina · 1905
  2. Mills v. Central of Georgia Railway Co.Supreme Court of Georgia · 1913
  3. McCarthy Co. v. Dubuque District CourtSupreme Court of Iowa · 1926
  4. Walker v. Southern RailwaySupreme Court of South Carolina · 1907
  5. Jumper v. Dorchester Lumber Co.Supreme Court of South Carolina · 1922

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