Burns v. Southern Ry.
Supreme Court of South Carolina
Before Klugi-i, J., Greenville, August, 1901. Action by John Burns against Southern Railway. From order sustaining defendant’s demurrer and dismissing the complaint, the plaintiff appeals, on the following exceptions: “I. Because his Honor erred in holding: ‘The material train from its nature and use was not intended for the transportation of passengers, and the presumption is that the plaintiff, not an employee, was there without right.’ This* being a question of fact, and…
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Before Klugi-i, J., Greenville, August, 1901. Action by John Burns against Southern Railway. From order sustaining defendant’s demurrer and dismissing the complaint, the plaintiff appeals, on the following exceptions: “I. Because his Honor erred in holding: ‘The material train from its nature and use was not intended for the transportation of passengers, and the presumption is that the plaintiff, not an employee, was there without right.’ This* being a question of fact, and cannot be considered on demurrer. “II. Because his Honor erred in holding: ‘The presumption also attaches that the…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Pope.
The defendant demurred to plaintiff’s complaint. The demurrer was sustained by his Honor, Judge Klugh, and the complaint was dismissed. After judgment was entered, plaintiff appealed. To properly understand the case the complaint must be embodied herein; also the grounds of demurrer and the order of the Circuit Judge, and the exceptions also. The following is a copy of the complaint, omitting the caption:
“The plaintiff above named, by his guardian ad litem, E. E. Burns, respectively shows to the Court and alleges:
“I. That the said…
2Cited by10 opinions
- Sanders v. Southern RailwaySupreme Court of South Carolina · 1914
- Lamb v. Southern Ry.Supreme Court of South Carolina · 1910
- Matheny v. City of AikenSupreme Court of South Carolina · 1904
- Jenkins v. Southern Ry.—Carolina DivisionSupreme Court of South Carolina · 1929
- Elkins v. South Carolina & Georgia R. R.Supreme Court of South Carolina · 1902
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