Legal Opinion

Matthews v. Payne, Director General

Supreme Court of South Carolina

Decided November 4, 1921No. 10749PublishedCited by 2 opinions

Before SeasE, J., Florence. November, 1920. Action by E. M. Matthews, Administrator of the Estate of G. W. Killian, deceased, against John Barton Payne, Director General of Railroads.

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Before SeasE, J., Florence. November, 1920. Action by E. M. Matthews, Administrator of the Estate of G. W. Killian, deceased, against John Barton Payne, Director General of Railroads. Judgment for plaintiff and defendant appeals. cites: Violation of ordinance negligence per se : 83 S. C., 354. But not necessarily actionable unless the proximate cause of injury: 90 5. C., 281. State laws superseded by Federal Employees Liability Act: 233 U. S., 492. And suit in State Court is governed by rule of Federal Courts: 247 U. S., 367. No recovery by servant where injury results from violation of núes…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Fraser.

This is an action for death by the wrongful act. Two freight trains were sent out from Florence, passing over the same track from Florence to Sumter. They were interstate trains, and the case is governed by the Federal law. The first train to leave Florence is designated as No. 209 and the second as No. 219. At Timmonsville train No. 219 overtook No. 209 and killed the flagman, G. W. Killian, who was riding in the caboose of No. 209.

The presiding Judge adopted the defendant’s statement of the specifications of negligence, as follows:

“…

2Cited by2 opinions

  1. Mickle v. BlackmonSupreme Court of South Carolina · 1969
  2. Mickle v. BlackmonSupreme Court of South Carolina · 1969

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