Whitman v. Seaboard Air Line Ry.
Supreme Court of South Carolina
Before Shipp, J., Chesterfield, Action by H. R. Whitman against the Seaboard Air Line Railway. Judgment for plaintiff, and defendant appeals. submit: This action was admittedly dead on the two first causes of action; hence the •whole basis of his claim. It was not barred; it was dead: 70 S. C. 259, 260; 239 U. S. 199. And cite: As to statutory cause of action: 70 S. C. 258; 60 L. Ed. Co. of Adv. Sheets 121; 57 L. Ed.
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Before Shipp, J., Chesterfield, Action by H. R. Whitman against the Seaboard Air Line Railway. Judgment for plaintiff, and defendant appeals. submit: This action was admittedly dead on the two first causes of action; hence the •whole basis of his claim. It was not barred; it was dead: 70 S. C. 259, 260; 239 U. S. 199. And cite: As to statutory cause of action: 70 S. C. 258; 60 L. Ed. Co. of Adv. Sheets 121; 57 L. Ed. U. S. 520. No fraudulent misrepresentations of fact: 125 U. S. 147; Fetter Equity 135; Laches, Eetter Equity 136. Speculative damages: 83 Cal. 7; 22 Me. 131; 42 Ind. 181; 14 Neb.…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice; Frase;r.
On the 3d day of August, 1911, the plaintiff herein was in the employ of the defendant railroad company, as agent' at Kollock, a railroad station in this State. That night the plaintiff was told that the switch lights were not burning, and, as it was a part of his duties to see that these lights were kept burning, he went to the south light and lighted it, and then went to the north light. When he got to the north light, he thought it necessary to fill the lamp, and took it down and filled it. He then put it on the crosstie and sat…
2Cases cited2 opinions
- Mobley v. QuattlebaumSupreme Court of South Carolina · 1915
- Ballinger v. Southern Ry. Co.Supreme Court of South Carolina · 1916
3Cited by12 opinions
- Brown v. PearsonCourt of Appeals of South Carolina · 1997
- Flowers v. PriceSupreme Court of South Carolina · 1939
- Gary v. JordanSupreme Court of South Carolina · 1960
- Jackson v. JacksonCourt of Appeals of Kentucky · 1958
- Prickett v. Duke Power Co.District Court, D. South Carolina · 1970
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