Dilleshaw v. Char. & Western Car. Ry. Co.
Supreme Court of South Carolina
Before C. C. FeathErstone, Special Judge, Greenwood, April term, 1909. Action by J. D. Dilleshaw, against Charleston and Western Carolina Ry.
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Before C. C. FeathErstone, Special Judge, Greenwood, April term, 1909. Action by J. D. Dilleshaw, against Charleston and Western Carolina Ry. Co. From judgment for defendant, plaintiff appeals. cite: An instruction should not he given when there is no evidence to support it: 66 S. C., 250; 60 S. C., 387; 67 S. C., 146. Requests should he charged or refused: 66 S. C., 447; 67 S. C.,'181. Carrier was negligent in permitting a hole on premises: Code, 1903, 3157; 77 S. C., 371; 58 S. C., 223; 53 S. C., 121. cites: Request should he submitted to charge principle of lazv does not apply: 50 S. C.,…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice; Woods.
This action was brought to recover damages for an injury to plaintiff’s foot and ankle, the allegation of the complaint being that the plaintiff, while waiting as a passenger at defendant’s station in Greenwood, fell and injured himself by stepping into a hole, negligently, wantonly and wilfully left by the defendant on the outside of the door leading from defendant’s waiting room. The verdict and judgment was in favor of defendant.
The Court instructed the jury that there was no evidence of wilfulness or wantonness, and that,…
2Cases cited5 opinions
- Hollings v. Bankers Union of the WorldSupreme Court of South Carolina · 1902
- Jennings v. Edgefield Mfg. Co.Supreme Court of South Carolina · 1905
- Lyon v. Charleston & Western Carolina Ry.Supreme Court of South Carolina · 1907
- Horn v. Southern Ry.Supreme Court of South Carolina · 1907
- Quick v. Millfort Mill Co.Supreme Court of South Carolina · 1907