Koennecke v. Seaboard Air Line Railway
Supreme Court of South Carolina
Before Hon. W.. A. Holman, special Judge, Columbia, • Action by Mrs. Beauregard Magdalene Koennecke, as administratrix of the estate of J. T. Koennecke, deceased, against Seaboard Air Line Railway.
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Before Hon. W.. A. Holman, special Judge, Columbia, • Action by Mrs. Beauregard Magdalene Koennecke, as administratrix of the estate of J. T. Koennecke, deceased, against Seaboard Air Line Railway. From a judgment for plaintiff, defendant appeals on the following exceptions: 1. Because his Honor erred in allowing plaintiff, over defendant’s objection, during the trial of the case and following the examination of plaintiff’s witness, T. A. Barker, to amend her complaint and in granting an order to this effect, as follows: “Ordered, 1. That paragraph two of the complaint be, and the same is…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Hydrick.
Plaintiff brought this action to recover damages for the alleged wrongful killing of her intestate by the defendant. The complaint states a cause of action under the State statute. There is no allegation that, at the time he was killed, deceased was employed in interstate commerce, or that defendant was engaged in such commerce. Nor are any facts alleged from which, by reasonable intendment, such employment or engagement can be inferred. Nor does defendant set up in its answer any facts which directly, or by reasonable intendment,…
2Cases cited12 opinions
- North Carolina Railroad v. ZacharySupreme Court of the United States · 1914
- Missouri, Kansas & Texas Railway Co. v. WulfSupreme Court of the United States · 1913
- Wabash Railroad v. HayesSupreme Court of the United States · 1914
- Oxley Stave Co. v. Butler CountySupreme Court of the United States · 1897
- Toledo, St. Louis and Western Railroad Company v. SlavinSupreme Court of the United States · 1914
7 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Seaboard Air Line Railway v. KoenneckeSupreme Court of the United States · 1915
- Dutton v. Atlantic Coast Line R. Co.Supreme Court of South Carolina · 1916
- Thornhill v. Davis, Director GeneralSupreme Court of South Carolina · 1922
- Cato v. Atlanta & C. A. L. Ry. Co.Supreme Court of South Carolina · 1931
- Shaffer v. Western Maryland Railway Co.West Virginia Supreme Court · 1923
14 more not listed; retrieve them via the Exa API.