Legal Opinion

Doolittle v. Southern Ry.

Supreme Court of South Carolina

Decided November 29, 1901PublishedCited by 21 opinions

Before Townsend, J., Edgefield, November, 1900. Action by Rebecca Doolittle, as administratrix of estate of Benj. S. Doolittle, against Southern Railway, for damages for negligently causing the death of her intestate. After judgment for plaintiff, defendant appeals.

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Before Townsend, J., Edgefield, November, 1900. Action by Rebecca Doolittle, as administratrix of estate of Benj. S. Doolittle, against Southern Railway, for damages for negligently causing the death of her intestate. After judgment for plaintiff, defendant appeals. Mr. B. M. Thomson cites: Mere proof of injury to or death of a passenger, does not raise a prima facie presumption of neglect: 5 Ency., 2 ed., 623, 624, 628; 4 Elliott on R. R., p. 2598; 2 Fetter on Carriers, sec. 480, 489, 492; 58 S. C., 494; 55 S. C., 389; 9 Rich., 89; 2 Wood on R. R. (Minor’s ed.), pp. 1563-1564; note 1, A. &…

1Opinion of the Court

November 29, 1901. The opinion of the Court was delivered by Rebecca Doolittle, as administratrix of her deceased husband, Benjamin S. Doolittle, brought this action on the 4th day of June, 1900, against the defendant, to recover damages for the alleged negligent killing of the said Benjamin S. Doolittle. The allegations of the complaint material to the consideration of the questions raised by the exceptions are as follows:

"8. That on the afternoon of the 13th day of December, 1899, Benjamin S. Doolittle purchased of an agent of the defendant, Southern Railway Company, in the city of Augusta,…

2Cases cited5 opinions

  1. Mack v. South Bound R. R.Supreme Court of South Carolina · 1898
  2. Steele v. Southern Ry.Supreme Court of South Carolina · 1899
  3. Martin v. Southern Ry.Supreme Court of South Carolina · 1897
  4. Madden v. Port Royal &c. Railway Co.Supreme Court of South Carolina · 1894
  5. Boatwright v. Northeastern RailroadSupreme Court of South Carolina · 1886

3Cited by21 opinions

  1. Ford v. Atlantic Coast Line R. Co.Supreme Court of South Carolina · 1932
  2. Anderson v. South Carolina & Georgia R. R.Supreme Court of South Carolina · 1907
  3. Sutton v. Southern Ry.Supreme Court of South Carolina · 1909
  4. Paul v. Salt Lake City Ry. Co.Utah Supreme Court · 1905
  5. Horn v. Southern Ry.Supreme Court of South Carolina · 1907

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