Legal Opinion

Samuels v. Richmond &c. Railroad

Supreme Court of South Carolina

Decided March 16, 1892PublishedCited by 13 opinions

This was an action by Elizabeth Samuels, widow, against the Richmond k Danville Railroad Company, commenced February 20, 1891. The judge charged the jury as follows: The law of this case, as I understand it, is very simple and may be comprehended in a very brief charge. A great deal has been said which may tend to distract your minds and get you away from the true issues in the case. But the law to my mind is very simple and plain.

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This was an action by Elizabeth Samuels, widow, against the Richmond k Danville Railroad Company, commenced February 20, 1891. The judge charged the jury as follows: The law of this case, as I understand it, is very simple and may be comprehended in a very brief charge. A great deal has been said which may tend to distract your minds and get you away from the true issues in the case. But the law to my mind is very simple and plain. In the first place, negligence is defined to be the want of ordinary care, or, in other words, the doing of an act which an ordinary prudent man would not do under…

1Opinion of the Court

The opinion of the court was delivered by

Mr. Justice Pope.

In the Court of Common Pleas for Aiken County, on the 20th day of February, 1891, before his honorj Judge Izlar, and a jury, the action for $1,000 damages, between *499the plaintiff and defendant, came on for trial. The complaint, amongst other things, alleged: “3. That on the 24th of December, 1890, the" plaintiff, Elizabeth Samuels, a widow, with her three little children, boarded the south-bound passenger train of the defendant lessee company at Yaucluse, a station on said road, for the purpose of taking passage to Aiken Junction,…

2Cited by13 opinions

  1. Hines v. GarrettSupreme Court of Virginia · 1921
  2. Cays v. McDANIELOregon Supreme Court · 1955
  3. Nickles v. Seaboard Air Line Ry.Supreme Court of South Carolina · 1906
  4. Yazoo & Mississippi Valley Railroad v. HardieMississippi Supreme Court · 1911
  5. Stark v. EplerOregon Supreme Court · 1911

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