Ritter v. Atlantic Coast Line R. R.
Supreme Court of South Carolina
Before SsasE, J., Barnwell, Action by Isham F. Ritter, as administrator of the estate of Tillman Ritter, deceased, against Atlantic Coast Tine Railroad Company and- Joe Johnson. From a judgment for plaintiffs, defendants appeal. The facts are stated in the opinion.
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Before SsasE, J., Barnwell, Action by Isham F. Ritter, as administrator of the estate of Tillman Ritter, deceased, against Atlantic Coast Tine Railroad Company and- Joe Johnson. From a judgment for plaintiffs, defendants appeal. The facts are stated in the opinion. As to whether speed of train was negligent or wilful: 63 S. C. -494. Contributory negligence: 94 S. C. 143; 95 S. C. 253; 95 S. C. 370; 91 S. C. 546; 93 S. C. 329. Failure to keep lookout harmlessas engineer could presume decedent would not drive into place of apparent danger: 57 S. C. 243; 94 S. C. 143; 98 S. C. 492; 30 Am. Rep.…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Watts.
This was an action for actual and punitive damages brought by the plaintiff against the defendant for the alleged wrongful, wanton, reckless and negligent killing of the plaintiff’s intestate, Tillman Ritter, by the defendant while attempting to cross Atlantic Coast Tine Railroad on the public road near the city of Orangeburg on March 15, 1910. The defendants’ answer denied the material allegations of the complaint, and set up as an affirmative defense contributory negligence and gross contributory negligence and wilfulness under the…
2Cases cited5 opinions
- Kirkland v. Augusta-Aiken Ry. & Electric Corp.Supreme Court of South Carolina · 1914
- Lawson v. Southern RailwaySupreme Court of South Carolina · 1912
- Woodward v. Southern RailwaySupreme Court of South Carolina · 1911
- Folk v. Seaboard Air Line RailwaySupreme Court of South Carolina · 1914
- Kirkland v. Augusta-Aiken Railway & Electric Corp.Supreme Court of South Carolina · 1913
3Cited by7 opinions
- Ford v. Atlantic Coast Line R. Co.Supreme Court of South Carolina · 1932
- Marks v. I. M. Pearlstine & SonsSupreme Court of South Carolina · 1943
- Southern Ry. Co. v. PriesterCourt of Appeals for the Fourth Circuit · 1923
- Jennings v. N.W. Ry. Co. of S.C.Supreme Court of South Carolina · 1927
- Ford v. Atlantic Coast Line R.Supreme Court of South Carolina · 1932
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