Cain v. Atlantic Coast Line R. R.
Supreme Court of South Carolina
Before Purdy, J., Sumter, July Term, 1905'. Action by Alexander L. Cain against Atlantic Coast Line Railroad Co. From judgment for plaintiff, defendant appeals. cites: Declarations of agent only bind the principal when descriptive of the particular point as to which he was acting: 56 S. C., 136; 53 S. C., 448; 58 S. C., 70. Witness may give opinion after stating the facts: 19 S. C., 70. Proof must correspond voith allegations: Cheves, 9; 1 N. & McC., 589; 4 Rich., 296; Pom.
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Before Purdy, J., Sumter, July Term, 1905'. Action by Alexander L. Cain against Atlantic Coast Line Railroad Co. From judgment for plaintiff, defendant appeals. cites: Declarations of agent only bind the principal when descriptive of the particular point as to which he was acting: 56 S. C., 136; 53 S. C., 448; 58 S. C., 70. Witness may give opinion after stating the facts: 19 S. C., 70. Proof must correspond voith allegations: Cheves, 9; 1 N. & McC., 589; 4 Rich., 296; Pom. Code Rem-., sec.’ 553; 14 Ency. P. & P., 342. cite: Declarations of conductor were part of res gestae: 25 S. C., 138.…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. ChieT Justice Pope.
The plaintiff by his complaint sought to recover from the defendant railway the sum of $1,999 for the injuries he alleged that he had received by a wreck of the defendant’s passenger train on the morning of the 3d day of June, 1903, on which the plaintiff was a passenger. The defendant admitted that its railway train was wrecked on that day, but it alleged that said wreck occurred at a point on the track of the defendant which was perfectly safe for more than thirty-five years' and which track was displaced by an extraordinary…
2Cited by6 opinions
- Thornton v. Seaboard Air Line RailwaySupreme Court of South Carolina · 1914
- Wolfe v. Brannon Et Ux.Supreme Court of South Carolina · 1947
- Bell v. Atlantic Coast Line R. Co.Supreme Court of South Carolina · 1930
- Chantry v. Pettit Motor Co.Supreme Court of South Carolina · 1930
- Miller v. Atlantic Coast Line RailroadSupreme Court of South Carolina · 1926
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