Brown v. Carolina Midland Ry. Co.
Supreme Court of South Carolina
Before Hudson, special Judge, Barnwell, May, 1901. Action by Jennie Brown against Carolina Midland Ry. Co. From order granting nonsuit, plaintiff appeals. cite: The facts proved showing the probable cause of the ñre to be the defective stove pipe, &c., make up a case for jury: 56 S. C., 398; 12 Am. R., 659; 13 Am.
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Before Hudson, special Judge, Barnwell, May, 1901. Action by Jennie Brown against Carolina Midland Ry. Co. From order granting nonsuit, plaintiff appeals. cite: The facts proved showing the probable cause of the ñre to be the defective stove pipe, &c., make up a case for jury: 56 S. C., 398; 12 Am. R., 659; 13 Am. St. R., 221; 13 Ency., 511. cites: If there is any testimony, the force and effect of which must be determined, the case should be submitted to the jury: 19 S. C., 23; 16 S. C., 397; 59 S. C., 429. . cite: There are two distinct causes of action, one under the statute and one under…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Gary.
1 This appeal raises the question whether his Honor, the Circuit Judge, erred in granting a nonsuit on the ground that there was no testimony whatever tending to show that the fire described in the complaint originated within the limits of the right of way of said road, in consequence of the act of any of its authorized agents or employees. The 4th, 5th and 6th paragraphs of the complaint are as follows: “4. That on the night of the 10th or the early morning of the nth (about 1 o’clock a. m.) of January, A. D. 1899, as hereinbefore…
2Cited by4 opinions
- Bankers' & Shippers' Ins. v. Charleston & W. C. Ry. Co.Supreme Court of South Carolina · 1927
- Blakely v. Atlantic Coast Line R. Co.Supreme Court of South Carolina · 1934
- McLeod v. Atlantic Coast Line R. Co.Supreme Court of South Carolina · 1940
- Miller v. OwensCourt of Appeals for the Fourth Circuit · 1913