Legal Opinion

Sanders v. Charleston & W. C. Ry.

Supreme Court of South Carolina

Decided April 2, 1914No. 8780PublishedCited by 12 opinions

Before Bowman, J., Action by W. L. Sanders, a foreman of a rail gang, employed by Charleston & Western Carolina Railway Company in repairing its track and roadbed. While asleep in one of a train of shanty cars intended for use of such gang and left standing on a side track, plaintiff was injured by the negligent movement of the shanty cars by a passing train of defendant From a judgment for plaintiff, -defendant appeals.

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Before Bowman, J., Action by W. L. Sanders, a foreman of a rail gang, employed by Charleston & Western Carolina Railway Company in repairing its track and roadbed. While asleep in one of a train of shanty cars intended for use of such gang and left standing on a side track, plaintiff was injured by the negligent movement of the shanty cars by a passing train of defendant From a judgment for plaintiff, -defendant appeals. Was plaintiff at the time engaged in inter- • state commerce?. .52 L. Ed. (U. S.) 297; 56 L. Ed. (U. S.) 327; 229 U. S. 146; 33 Sup. Ct. Rep. 648; 57 L. Ed. 1125; 63 S. C.…

1Opinion of the Court

The opinion of the Court was. delivered by

Mr. Justice Gage.

Plaintiff sued defendant for damages to the person, and had a verdict for $750.00 The defendant appeals.

The defendant’s line of road runs., in part, from the city of Augusta, Ga., to Port Royal, S. C. The plaintiff was injured in the night time on the line of that road in Barnwell county, S. C., while asleep in the bunk of his áhanty car, on a train which stood on a sidetrack, and by an.incoming special freight train running east.

The plaintiff sued under that act of Congress called Employers’ Liability Act. He charged that defendant…

2Cases cited2 opinions

  1. Pedersen v. Delaware, Lackawanna & Western RailroadSupreme Court of the United States · 1913
  2. Davis v. Atlanta & Charlotte Air Line Railway Co.Supreme Court of South Carolina · 1902

3Cited by12 opinions

  1. I-L Logging Co. v. Manufacturers & Wholesalers Indemnity ExchangeOregon Supreme Court · 1954
  2. Lumber Mutual Casualty Ins. Co. v. StukesCourt of Appeals for the Fourth Circuit · 1947
  3. Milburn v. Chicago, Milwaukee, St. Paul & Pacific RailroadSupreme Court of Missouri · 1932
  4. Ward v. Ocean Forest Club, Inc.Supreme Court of South Carolina · 1938
  5. CHICAGO, M., ST. P. & PR CO. v. KaneCourt of Appeals for the Ninth Circuit · 1929

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