Legal Opinion

Madden v. Port Royal &c. Railway Co.

Supreme Court of South Carolina

Decided July 27, 1894PublishedCited by 4 opinions

Before Norton, J., Laurens,. February, 1893. Action by Dora Madden against the Port Royal and Western Carolina Railway Company, commenced January 21,1891. For a former appeal in the same case, see 35 S. 0., 382. The judge charged the jury as follows, portions not bearing upon the points raised by the appeal being omitted: A railroad company is a common carrier when it undertakes to carry passengers, and if you believe the testimony of the witnesses on the stand, this…

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Before Norton, J., Laurens,. February, 1893. Action by Dora Madden against the Port Royal and Western Carolina Railway Company, commenced January 21,1891. For a former appeal in the same case, see 35 S. 0., 382. The judge charged the jury as follows, portions not bearing upon the points raised by the appeal being omitted: A railroad company is a common carrier when it undertakes to carry passengers, and if you believe the testimony of the witnesses on the stand, this railroad company had undertaken to carry passengers between the points named — that is, between Laurens Court House and High…

1Opinion of the Court

The opinion of the court was delivered by

Me. Justice McGowan.

This case has been in this court before. See Madden v. Railway Company, 35 S. C., 382. When the case went back, the plaintiff was allowed to amend her complaint; and alleged as follows:

“I. That the defendant, the Port Royal and Western Carolina Railway Company, is a body politic and corporate under the laws of the State of South Carolina, and is competent to sue and be sued in this State; that it owns property and operates Gains within the limits of this State. II. That said defendant is, and was at the time hereinafter stated, a…

2Cases cited1 opinion

  1. Washington & Georgetown Railroad v. McDadeSupreme Court of the United States · 1890

3Cited by4 opinions

  1. Doolittle v. Southern Ry.Supreme Court of South Carolina · 1901
  2. Horn v. Southern Ry.Supreme Court of South Carolina · 1907
  3. Gilkerson v. Atlantic Coast Line R. R.Supreme Court of South Carolina · 1914
  4. Richardson v. Augusta & Aiken Ry. Co.Supreme Court of South Carolina · 1908

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