Harvey v. Southern Ry. Co.

The opinion of the Court was delivered by

Mr. Justice Cothran.

The plaintiff, having recovered a verdict of $6,500.00 for damages on account of the alleged wrongful death of his intestate, Mrs. Daisy Harvey (she having been thrown from a buggy, when the mule attached to it became fright-ended by a train of the defendant near a highway crossing in Barnwell County), the judgment entered upon said verdict having been affirmed by this Court (124 S. C., 375; 117 S. E., 411), brings the present action for damages under what is known as the “Survival Statute” for pain and suffering of his intestate.

The…