Scott v. Seaboard Air Line Ry.
Supreme Court of South Carolina
Before Krugh, J., Lexington, February term, 1903. Action by Donie E. Scott, as administratrix of James Daniel Scott, against Seaboard Air Line Railway Co. From judgment for plaintiff, defendant appeals. The former firms cite: As to the motion for nonsuit: 65 S. C., 299; 25 Am. & Eng. R. R. Cas., 592; 3 Am. Neg.
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Before Krugh, J., Lexington, February term, 1903. Action by Donie E. Scott, as administratrix of James Daniel Scott, against Seaboard Air Line Railway Co. From judgment for plaintiff, defendant appeals. The former firms cite: As to the motion for nonsuit: 65 S. C., 299; 25 Am. & Eng. R. R. Cas., 592; 3 Am. Neg. Cas., 75. As to assumption of risks: 65 S. C., 194; 63 S. C., 559. As to plea of contributory negligence■: Code of Proc., 170, 171, 180, 181, 197. Defects in form had been waived by plaintiff:' Pom., 2 ed., 658, 661; 47 S. C., 30. Properly pleaded: 18 N. Y., 125; 61 S. C., 479; 5 S.…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Chiee Justice Pope.
This action is directed to the recovery by the plaintiff, in her representative capacity, of damages for killing the intestate by the defendant, oh the 30th July, 1901, while such intestate was employed as a watchman over the bridge and trestle work of defendant over the Congaree River, near the city of Columbia, S. C. The case was tried before his Honor, Judge Klugh, and a jury. The verdict was in favor of. the plaintiff for the sum of $8,000. At the close of plaintiff’s testimony, defendant moved for a nonsuit, which motion was…
2Cited by4 opinions
- Chicago, R. I. & P. Ry. Co. v. BartonSupreme Court of Oklahoma · 1916
- Wingo v. Inman MillsSupreme Court of South Carolina · 1907
- Woodworth v. SkeenSupreme Court of South Carolina · 1929
- Moseley v. Southern Railway Co.Supreme Court of South Carolina · 1932