Legal Opinion

Cooper v. Charleston & Western Car. Ry. Co.

Supreme Court of South Carolina

Decided February 11, 1903PublishedCited by 6 opinions

Before Watts, J., Laurens, July, 1902. Actkin by Dollie Cooper against Charleston and Western Carolina Railway Company. From judgment of nonsuit, plaintiff appeals. cites: If there was any cause of action, nonsuit should not have been granted: 61 S. C., 404, 500; 25 S. C., 53; 43 S. C., 221; Code, 1902, 2132, 2133, 2139; 1 Rorer, 552; 13 N. Y., 78. At common law, railroads must give signals in passing over highways: 10 Rich., 227; 57 S’. C., 205; 52 S. C., 323; 58 S. C., 70;…

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Before Watts, J., Laurens, July, 1902. Actkin by Dollie Cooper against Charleston and Western Carolina Railway Company. From judgment of nonsuit, plaintiff appeals. cites: If there was any cause of action, nonsuit should not have been granted: 61 S. C., 404, 500; 25 S. C., 53; 43 S. C., 221; Code, 1902, 2132, 2133, 2139; 1 Rorer, 552; 13 N. Y., 78. At common law, railroads must give signals in passing over highways: 10 Rich., 227; 57 S’. C., 205; 52 S. C., 323; 58 S. C., 70; 59 Pa. St., 259. Proximate or remote cause is for jury: 62 S. C., 130; 55 S. C., 422; 60 S. C., 208. Railroad must give…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Gary.

This is an appeal from an order of nonsuit. In order to understand clearly the issues involved, it will be necessary to refer to the second and third paragraphs of the complaint, which are as follows:

“II. That the public highway leading from Laurens Court House towards Augusta, Ga., at or near Badgett’s Mill place, in said county and State, descends a steep hill to Burnt Mill Creek, and ascends a steep hill from said creek, and has on either side of said descent and ascent rough and dangerous precipices, and at or near said place, the…

2Cited by6 opinions

  1. Ford v. Atlantic Coast Line R. Co.Supreme Court of South Carolina · 1932
  2. Betchman v. Seaboard Air Line Ry.Supreme Court of South Carolina · 1906
  3. Hutto v. Southern Railway Co.Supreme Court of South Carolina · 1915
  4. Ford v. Atlantic Coast Line R.Supreme Court of South Carolina · 1932
  5. Miller v. Atlantic Coast Line RailroadSupreme Court of South Carolina · 1926

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