Harbert v. Atlanta & Charlotte Air Line Ry.
Supreme Court of South Carolina
Before DanTzlER, J., Oconee, Tall Term., 1903. Action by James Johns- Harbert, administrator, against Atlanta and Charlotte Air Line Railway Co.- From1 order refusing to strike out allegations of answer, plaintiff appeals; cites: Code 1902, 2024, 2139; 3 S. C., 580; 29 S. C., 381; 25 S. C., 216; 28 & C., 401-; 33 S. C., 427; 41 S. C., 415; 62.S.
Read the full summary
Before DanTzlER, J., Oconee, Tall Term., 1903. Action by James Johns- Harbert, administrator, against Atlanta and Charlotte Air Line Railway Co.- From1 order refusing to strike out allegations of answer, plaintiff appeals; cites: Code 1902, 2024, 2139; 3 S. C., 580; 29 S. C., 381; 25 S. C., 216; 28 & C., 401-; 33 S. C., 427; 41 S. C., 415; 62.S. C., 250; 61 S. C., 212; 30 L R. A., 823; 43 S. C„ 197; 63 & C., 370; 17 Wall., 445; 65 S. C., 218; 95 U: S., 16.1; • cites: The order is not appeal-able: Code of Proc., sec. 11, sub¡ 2;-47 N. Y. Sup., 1099; 24 S. E., 713. On'main issue: 35 S. Cv 439;…
1Opinion of the Court
The opinion- of the Court was delivered by
Mr. Justice Woods.
This is an action to recover damages for the alleged killing of James A. Harbert at a highway crossing over defendant’s line of railway, near Fort Madison, in Oconee County. The complaint alleged that the defendant, under a charter from the State, was <?n February 24, 1901, the owner of the line of railway on which the killing occurred, and that the railroad was at that time operated as a common carrier and had been so operated for many years. It further alleged that on February 24, 1901, “the defendant, its servants and agents,…
2Cited by16 opinions
- Arnold Fireworks Display, Inc. v. SchmidtSupreme Court of Arkansas · 1991
- Winchester v. United InsuranceSupreme Court of South Carolina · 1957
- McCandless v. MobleySupreme Court of South Carolina · 1908
- Sparks v. D. M. Dew & Sons, Inc.Supreme Court of South Carolina · 1957
- Thornton v. South Carolina Electric & Gas Corp. (SCE & G)Court of Appeals of South Carolina · 2011
11 more not listed; retrieve them via the Exa API.