Harbert v. Atlanta & Charlotte Air Line Ry. Co.
Supreme Court of South Carolina
Before Watts, J., Oconee, Action by James John Harbert, administrator of James A. Harbert, against Atlanta and Charlotte Air Line Railway.
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Before Watts, J., Oconee, Action by James John Harbert, administrator of James A. Harbert, against Atlanta and Charlotte Air Line Railway. From judgment for plaintiff, defendant appeals on following exceptions: 1. “Excepts because the presiding Judge erred in allowing the plaintiff’s attorney, over the defendant’s objection, to ask the witness Fletcher Rice the following question: T want to repeat the question I asked one of the witnesses before, as to the pathway along by the side of the railroad to the north switch from Fort Madison. Your Honor can see it has now come in that there was a…
1Opinion of the Court
T'he opinion oí the Court was delivered by
Mr. Chief Justice Pope.
This is an' action for damages alleged to 'have been sustained in consequence of the negligent and wilful misconduct of the defendant, which resulted in the killing of the plaintiff’s intestate while traveling the public highway at a crossing.
The complaint alleges that the train of cars was being run at a high and rapid rate of speed, and that there was a failure to give the statutory signals.
After denying the allegations of negligence and wilful misconduct, the defendant alleged that if the plaintiff’s intestate was killed, his…
2Cases cited7 opinions
- Martin v. Seaboard Air Line Ry.Supreme Court of South Carolina · 1904
- Dent v. South Bound R. R.Supreme Court of South Carolina · 1901
- State v. SullivanSupreme Court of South Carolina · 1895
- Lee v. McLeodNevada Supreme Court · 1880
- State v. NortonSupreme Court of South Carolina · 1904
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Arnold v. Charleston & Western Carolina R.Supreme Court of South Carolina · 1948
- Rowe v. Southern Ry.Supreme Court of South Carolina · 1910
- Wright v. Southern Ry. Co.Supreme Court of South Carolina · 1947
- Bank of Pendleton v. MartinSupreme Court of South Carolina · 1921
- Dyson v. Southern Ry.Supreme Court of South Carolina · 1909
2 more not listed; retrieve them via the Exa API.