Gilliam v. Southern Ry. Co.
Supreme Court of South Carolina
Before Wieson, J., Abbeville, March, 1916. Action by Robert Gilliam, as administrator, etc., against the Southern Railway Company.
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Before Wieson, J., Abbeville, March, 1916. Action by Robert Gilliam, as administrator, etc., against the Southern Railway Company. From a judgment for plaintiff, defendant appeals. cites : As to res gestae: 103 S. C. 270; 84 S. C. 190; 94 S. C. 146. Assumption of risk: 233 U. S. 492. Beneficiaries: 228 U. S. 173; 227 S. C. 59 and 145; 237 U. S. 648; 104 S. C. 16. cite: As to exceptions: 59 S. C. 87, 104; 53 S. C. 448. Assumption of risk: 55 S. C. 90; 103 S. C. 421 ; 232 U. S. 93; 68 S. C. 55; 73 S. C. 481. Damage pre'sumed: 227 U. S. 192; 98 S. C. 42; 232 U. S. 80; L. R. A. 1916e, 144, 145;…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Hydrick.
This action was brought under the Federal Employers’ Liability Act to recover damages for injuries to, and the death of, Whit McBride for the benefit of his widow and minor children. Plaintiff had judgment, from which, defendant appealed.
At the time of his death, McBride was employed by defendant as a section hand, and was engaged with others in clearing away the wreck of a freight train on defendant’s road, and in repairing the track which had been torn up. There was in the wreck a low-sided gondola, loaded with iron car wheels. It…
2Cases cited11 opinions
- Michigan Central Railroad v. VreelandSupreme Court of the United States · 1913
- St. Louis, Iron Mountain & Southern Railway Co. v. CraftSupreme Court of the United States · 1915
- Gulf, Colorado & Santa Fe Railway Co. v. McGinnisSupreme Court of the United States · 1913
- American Railroad Co. of Porto Rico v. DidricksenSupreme Court of the United States · 1913
- Minneapolis & St. Louis Railroad v. GotschallSupreme Court of the United States · 1917
6 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Mishoe v. Atlantic Coast Line R. Co.Supreme Court of South Carolina · 1938
- Brooks v. United StatesDistrict Court, D. South Carolina · 1967
- The Erie Lighter 108District Court, D. New Jersey · 1918
- Schulz v. L. E. Whitham & Co.Texas Supreme Court · 1930
- Dow v. Carnegie-Illinois Steel CorporationCourt of Appeals for the Third Circuit · 1948
13 more not listed; retrieve them via the Exa API.