Legal Opinion

Gilkerson v. Atlantic Coast Line R. R.

Supreme Court of South Carolina

Decided October 9, 1914No. 8966PublishedCited by 4 opinions

Before Rice, J., Florence, April, 1913. From a direction of a verdict for the defendant, in an action by Y. S. Gilkerson against Atlantic Coast Line R. R. Co., plaintiff appeals.

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Before Rice, J., Florence, April, 1913. From a direction of a verdict for the defendant, in an action by Y. S. Gilkerson against Atlantic Coast Line R. R. Co., plaintiff appeals. The facts are stated in the opinion. submit: Failure to state reasons for directing a verdict has been held reversible error: 38 Cyc. 1588; 95 Mich. 22; 54 N. W. 693; 45 Mich. 410; 8 N. W. 79. Duty to passenger: 53 S. C. 210; 31 S. E. 224; 75 S. C. 286; 83 S. C. 454; 77 S. C. 371. Continuance of relation as carrier and passenger: 2 Hutch. Carriers 1171; 105 N. W. 151; '2 L. R. A. (N. S.) 875. Where carrier’s agents…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Chiee Justice Gary.

On the 24th day of August, 1912, the plaintiff purchased a ticket from the defendant, at Florence, S. C., for the purpose of being carried as a passenger to Laurens, S- C. In making the trip, it was necessary, for him to change cars at Sumter, S. C., about 4 o’clock in the morning. There is evidence that when the conductor came to the plaintiff to collect his fare he told the conductor that he was very tired, and probably would not be awake when the train arrived at Sumter, and thereupon requested the conductor to see that he was…

2Cases cited3 opinions

  1. Doolittle v. Southern Ry.Supreme Court of South Carolina · 1901
  2. Leonard v. OwenSupreme Court of Georgia · 1894
  3. Madden v. Port Royal &c. Railway Co.Supreme Court of South Carolina · 1894

3Cited by4 opinions

  1. Southern Ry. Co. v. LaxsonSupreme Court of Alabama · 1927
  2. Central of Georgia Ry. Co. v. SmithSupreme Court of Alabama · 1928
  3. Gilkerson v. Atlantic Coast Line R. Co.Supreme Court of South Carolina · 1916
  4. Vanderbeck v. Chicago, Milwaukee, St. Paul & Pacific Railway Co.Supreme Court of Iowa · 1930

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