Legal Opinion

Smalley v. Atlanta & Charlotte Air Line Ry. Co.

Supreme Court of South Carolina

Decided April 2, 1906PublishedCited by 2 opinions

Befo-re Gary, J., Greenville, March, 1905. Action by James D. Smalley, administrator, against Atlanta and Charlotte Air Line Railway Co. Prom judgment for plaintiff, defendant appeals. cites: 63 S. C., 374; 59 S. C., 554; 35 S. C., 439; 41 S. C., 86; 47 S. C., 105, 376; 39 S. C., 517; 58 & C., 222; 59 S'. C., 254; 33 S. C., 136; 61 S. C., 49-5; 56 Fed. R., 551; 34 $. C., 451, 292; 41 S- C„ 287. cite: 70 S. C., 8; 63 S. CL, 370; 66 L. R. A., 75.

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Wooos.

Bennie F.'Smalley, a deaf mute, of about fifteen years of age, was killed on August 4, 1904, at a public crossing near Westminster, S. C., by a freight train on defendant’s railroad; and James D. Smalley, as administrator of his estate, recovered judgment against the defendant for damages, under the allegation that defendant was negligent in not giving the statutory signals at the crossing, in not slacking the speed of the train in approaching the crossing, in not keeping a proper lookout, and in not having a headlight on the engine.…

2Cases cited4 opinions

  1. Pennsylvania Railroad v. St. Louis, Alton & Terre Haute RailroadSupreme Court of the United States · 1886
  2. Harmon v. Columbia & Greenville RailroadSupreme Court of South Carolina · 1888
  3. Davis v. Atlanta & Charlotte Air Line Railway Co.Supreme Court of South Carolina · 1902
  4. Pennington v. Atlanta &c. Railway Co.Supreme Court of South Carolina · 1892

3Cited by2 opinions

  1. Jackson v. Southern Ry.Supreme Court of South Carolina · 1907
  2. Jackson v. Southern Ry.Supreme Court of South Carolina · 1907

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