Craig v. Augusta-Aiken Railway Co.
Supreme Court of South Carolina
■ Before. Sease, J., Aiken, Spring term, 1910. Action by M. C. Craig against Augusta-Aiken Railway and; Electric Company. The plaintiff appeals on the following exceptions: I. “Because his Honor, the presiding Judge, erred in modifying and altering the plaintiff’s fifth request to charge, which is as follows: ‘5th.
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■ Before. Sease, J., Aiken, Spring term, 1910. Action by M. C. Craig against Augusta-Aiken Railway and; Electric Company. The plaintiff appeals on the following exceptions: I. “Because his Honor, the presiding Judge, erred in modifying and altering the plaintiff’s fifth request to charge, which is as follows: ‘5th. That if the motorman discovers, or by reasonable lookout could have seen a person on the track at a public crossing in an apparently helpless condition, from drunkenness or other cause, or if he sees on' the track an object, or could have seen it by keeping a reasonable lookout,…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Gary.
This is an action for actual and punitive damages, alleged to have been sustained by the plaintiff, through the negligence and wantonness of the defendant.
The complaint alleges, that on the 33d of September, 1906, the plaintiff became a passenger on the defendant’s 'car at Augusta, Ga., for the purpose of being carried to Langley, S. C.; that soon after the car had started, the plaintiff became so incapacitated as to be utterly helpless, and was forcibly ejected and left in a dangerous place by the defendant; that the defendant warned…
2Cases cited2 opinions
- Jones v. Charleston & Western Carolina Ry. Co.Supreme Court of South Carolina · 1901
- Sentell v. Southern Ry.Supreme Court of South Carolina · 1904
3Cited by3 opinions
- Jones v. Atlanta-Charlotte Air Line R. Co.Supreme Court of South Carolina · 1951
- Webb v. Atlantic Coast Line R. Co.Supreme Court of South Carolina · 1916
- Sharpe v. Southern Ry. Co.Supreme Court of South Carolina · 1923