Legal Opinion

McCrary v. Southern Ry.

Supreme Court of South Carolina

Decided June 25, 1909No. 7228PublishedCited by 4 opinions

Before Gary, J., Richland. Action by L,. I. McCrary, administratrix of E. D. McCrary, against Southern Railway, W. T. Wright, E. L. Shillitto and O. E. McEachern. From judgment for plaintiff, defendant appeals. cite: Is it duty of master not to permit his servant to work overtime? 9 Fed. St., Ann., 463, 464; Stinson’s Am.

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Before Gary, J., Richland. Action by L,. I. McCrary, administratrix of E. D. McCrary, against Southern Railway, W. T. Wright, E. L. Shillitto and O. E. McEachern. From judgment for plaintiff, defendant appeals. cite: Is it duty of master not to permit his servant to work overtime? 9 Fed. St., Ann., 463, 464; Stinson’s Am. Con., 55, 66. Servant here guilty of contributory negligence: 77 S. C, 328; 81 S. C., 100; 78 S. C, 374; 128 N. C., 517; 39 S. C., 51; 87 S. W., 1052. Appellant’s requests should have been passed on: 59 S. C., 310; 69 S. C, 539; 67 S. C., 199; 78 5. C., 401. Assumption of…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Gary.

This is an action by the plaintiff as administratrix of the estate of E. D. McCrary, deceased, to recover damages against Southern Railway Company and its employees, W. T. Wright, a conductor, E. R. Shillitto, a conductor, and O. F. McEachern, an engineer, for causing the death of said E. D. McCrary.

The following allegations are set out in the complaint: “That the death of the said E. D. McCrary was due to the joint and concurrent negligence, carelessness, wilfulness and wantonness of the defendants, Shillitto, McEachern, Wright and…

2Cases cited2 opinions

  1. Republic Iron & Steel Co. v. OhlerIndiana Supreme Court · 1903
  2. Reed v. Southern RailwaySupreme Court of South Carolina · 1906

3Cited by4 opinions

  1. State v. McPhailSupreme Court of South Carolina · 1920
  2. Cate v. Orfic Gasoline Production Co.Court of Appeals of Texas · 1935
  3. Britton v. Wabash Railway Co.Michigan Supreme Court · 1925
  4. McGhee v. MontgomerySupreme Court of South Carolina · 1910

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