Douglass v. Southern Ry.
Supreme Court of South Carolina
Before Prince, J., Chester, November term, 1906. Action by William R. Douglass against Southern Railway Company and W. A. Stack. Prom judgment for plaintiff, defendants appeal. Mr. McDonald cites: Under common law no rate of speed is negligence per se: 8 Ency.; 3 Ell. on R. R., sec. 1160; 3 Thomp. on Neg., sec. 16Or, 5 S. C., 211; 7 S. C., 402; 34 S. C., 451; 57 S. C., 211; 67 S. C., 367. Reciprocal duties of railroad and traveler at public crossing: 238 Fed.
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Before Prince, J., Chester, November term, 1906. Action by William R. Douglass against Southern Railway Company and W. A. Stack. Prom judgment for plaintiff, defendants appeal. Mr. McDonald cites: Under common law no rate of speed is negligence per se: 8 Ency.; 3 Ell. on R. R., sec. 1160; 3 Thomp. on Neg., sec. 16Or, 5 S. C., 211; 7 S. C., 402; 34 S. C., 451; 57 S. C., 211; 67 S. C., 367. Reciprocal duties of railroad and traveler at public crossing: 238 Fed. R., 641; 5 S, C., 211; 7 S- C., 402; 57 S. C., 20'5; 72' S. C., 389; Shear. & Red. on Neg., secs. 461-4; 3 Ell. on R. R., secs. 1165-8.…
1Opinion of the Court
November 28, 1908. The opinion of the Court was delivered by On the 28th day of March, 1906, William R. Douglass, as plaintiff, began his action against the Southern Railway Company and W.A. Stack, defendants, for the recovery of ten thousand dollars damages. The grounds upon which he claimed damages at the hands of the defendants were:
"That on the 2d day of October, 1905, the plaintiff, in company with his wife and infant child, were driving his horse and buggy along the public road leading from Herbert to Carlisle, in Union county, in this State, and as he was about to cross the line of the…
2Cases cited1 opinion
- Mack v. South Bound R. R.Supreme Court of South Carolina · 1898
3Cited by11 opinions
- Johnson v. . R. R.Supreme Court of North Carolina · 1913
- Chisolm v. Seaboard Air Line Ry.Supreme Court of South Carolina · 1922
- South Carolina Insurance v. James C. Greene & Co.Court of Appeals of South Carolina · 1986
- Padgett v. Colonial Wholesale Distributing Co.Supreme Court of South Carolina · 1958
- Lawson v. Southern RailwaySupreme Court of South Carolina · 1912
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