Jackson v. Southern Ry.
Supreme Court of South Carolina
Action by W. F. Jackson', Jr., against Southern Ry.— Carolina Division and Southern Ry. Co. From judgment for plaintiff, defendants appeal. cites: A station agent is not ordinarily held to he a vice-principal: 2 Rabat on M. & S., sec. 508; 26 Pac., 70; 70 S. C., 95; 71 S. C., 53; 72 S. C., 237; 22 S. C., 558. The doctrine of fellow servant is not based on equality in the matter of doing the work: 22 S. C., 558; 55 S. C., 483; 70 S. C., 95; 71 S. C., 53; 72 S. C., 243, 264;…
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Action by W. F. Jackson', Jr., against Southern Ry.— Carolina Division and Southern Ry. Co. From judgment for plaintiff, defendants appeal. cites: A station agent is not ordinarily held to he a vice-principal: 2 Rabat on M. & S., sec. 508; 26 Pac., 70; 70 S. C., 95; 71 S. C., 53; 72 S. C., 237; 22 S. C., 558. The doctrine of fellow servant is not based on equality in the matter of doing the work: 22 S. C., 558; 55 S. C., 483; 70 S. C., 95; 71 S. C., 53; 72 S. C., 243, 264; 63 S. C., 559. Master is not liable for negligence of incompetent servant if he has exercised due care in selecting him:…
1Opinion of the Court
August 13, 1907. The opinion of the Court was delivered by This is the second appeal in this case (73 S.C. 557, 54 S.E., 231).
The facts are as follows: On the night of October the 9th, 1903, a large fire took place in Tirzah, a station on defendant's road in York County. The fire had done much damage and was threatening to destroy several freight cars standing on a side-track between the fire and defendants' depot. In order to save the cars and the station, which would necessarily have caught had the cars been burned, S.M. Carothers, defendants' agent at Tirzah, sought to roll the cars down…
2Cases cited7 opinions
- Wilson v. Commercial Union Assurance Co.Supreme Court of South Carolina · 1898
- Reed v. Southern RailwaySupreme Court of South Carolina · 1906
- Franklin v. Atlanta & Charlotte Air Line Railway Co.Supreme Court of South Carolina · 1906
- Jackson v. Southern RailwaySupreme Court of South Carolina · 1906
- Miller v. Southern Ry.Supreme Court of South Carolina · 1904
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3Cited by4 opinions
- Brewer v. Atlantic Coast Line RailroadSupreme Court of South Carolina · 1929
- Seay v. Southern Ry. Co.Supreme Court of South Carolina · 1946
- Booth v. J. G. White Engineering Co.Supreme Court of South Carolina · 1915
- Jackson v. Southern Ry.Supreme Court of South Carolina · 1909