Weaver v. Southern Ry.
Supreme Court of South Carolina
Before Memminger, J., Spartanburg, March, 1906. Action by Bassett Weaver against Southern Railway Co. Prom judgment for plaintiff, defendant appeals on following exceptions, alleging error: “1. In allowing plaintiff under the circumstances of this case to testify that other persons crossed over between the cars before he did.
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Before Memminger, J., Spartanburg, March, 1906. Action by Bassett Weaver against Southern Railway Co. Prom judgment for plaintiff, defendant appeals on following exceptions, alleging error: “1. In allowing plaintiff under the circumstances of this case to testify that other persons crossed over between the cars before he did. “The error being, as it is respectfully submitted, that inasmuch as the gates were down, it was irrelevant as well as incompetent to allow testimony as to what others did, and what influence it may have had upon plaintiff, the issue in this case being solely as to the…
1Opinion of the Court
The opinion in this case was filed January 19, but on petition for rehearing, remittitur was held up until
February 5, 1907. The opinion of the Court was delivered by This is an action for damages alleged to have been sustained by the plaintiff, while climbing between two freight cars across a street, in the city of Spartanburg.
The facts are thus set out in the complaint: "That on the 20th day of June, 1903, the defendant negligently and unlawfully allowed one of its trains to stop for an unreasonable time, fifteen or twenty minutes, across Magnolia street, one of the principal streets of the…
2Cases cited4 opinions
- Thomasson v. Southern RailwaySupreme Court of South Carolina · 1905
- Lampley v. Atlantic Coast Line R. R.Supreme Court of South Carolina · 1905
- Wood v. Victor Mfg. Co.Supreme Court of South Carolina · 1903
- Rinake v. Victor Mfg. Co.Supreme Court of South Carolina · 1899
3Cited by20 opinions
- McCown v. MuldrowSupreme Court of South Carolina · 1912
- Glenn v. Southern Railway Co.Supreme Court of South Carolina · 1928
- Lundy v. Southern Bell Telephone & Telegraph Co.Supreme Court of South Carolina · 1911
- Richardson v. N.W.R. Co. of S.C.Supreme Court of South Carolina · 1923
- Dutton v. Atlantic Coast Line R. Co.Supreme Court of South Carolina · 1916
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