Legal Opinion

Dyson v. Southern Ry.

Supreme Court of South Carolina

Decided August 12, 1909No. 7276PublishedCited by 12 opinions

Before Gage, J-, Richland, October term, 1908. Action by Thos. J. Dyson against Southern Railway. From judgment for plaintiff, defendant appeals on following exceptions: 1. “Excepts because his Honor erred in refusing defendant’s motion for a nonsuit as to the cause of action for punitive or exemplary damages, made on the ground that there was no evidence introduced to warrant any such damages in this case. 2. “Excepts because his Honor erred in refusing to grant the motion…

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Before Gage, J-, Richland, October term, 1908. Action by Thos. J. Dyson against Southern Railway. From judgment for plaintiff, defendant appeals on following exceptions: 1. “Excepts because his Honor erred in refusing defendant’s motion for a nonsuit as to the cause of action for punitive or exemplary damages, made on the ground that there was no evidence introduced to warrant any such damages in this case. 2. “Excepts because his Honor erred in refusing to grant the motion to direct a verdict in favor of the defendant, upon the ground: ‘That the undisputed evidence showing that plaintiff,…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Chief Justice Jones.

We think the judgment should be affirmed, as we prefer to follow the line of cases which hold that the violation of a valid statute or ordinance resulting in injury to another is negligence as matter of law. 29 Cyc., 436; 21 Ency. Law, 478; 23 Ency. Law, 759.

It is settled in this State that the violation of the statute as to signals at railroad crossings is negligence as matter of law. Hankinson v. Ry., 41 S. C., 19, 19 S. E., 206; Strother v. Ry., 47 S. C., 381, 25 S. E., 272; Smith v. Ry., 53 S. C., 124, 30 S. E., 697; Bowen…

2Cases cited8 opinions

  1. Grand Trunk Railway Co. v. IvesSupreme Court of the United States · 1892
  2. Strother v. So. Ca. & Ga. R. R.Supreme Court of South Carolina · 1896
  3. Bowen v. Southern Ry. Co.Supreme Court of South Carolina · 1900
  4. Keator Lumber Co. v. ThompsonSupreme Court of the United States · 1892
  5. Hankinson v. Charlotte &c. R. R.Supreme Court of South Carolina · 1894

3 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. Miller v. Atlantic Coast Line RailroadSupreme Court of South Carolina · 1926
  2. Miller, Administrator v. A.C.L.R. Co.Supreme Court of South Carolina · 1926
  3. St. Louis S. F. R. Co. v. Model LaundrySupreme Court of Oklahoma · 1913
  4. Whaley v. OstendorffSupreme Court of South Carolina · 1911
  5. Clifford v. Southern Ry.Supreme Court of South Carolina · 1910

7 more not listed; retrieve them via the Exa API.

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