Bogan v. Southern Railway Company

The opinion of the Court was delivered by

Mr. Chief Justice Stabler.

Damages are sought in this case for the alleged wrongful death of one Charlie Bogan, who was killed by a passenger train of the defendants at Greer, S. C., on March 17, 1934. The action was brought under the Lord Campbell’s Act (Code 1932, § 411) for the benefit of the plaintiff, the widow of the deceased, and of his daughter, Maybelle Bogan. On trial, the defendants moved for a nonsuit upon the grounds (1) that there was no evidence of actionable negligence or willfulness on their part; and (2) that the testimony was…