Rhodes v. Southern Ry.
Supreme Court of South Carolina
Before J. E. McDonaed, special Judge, Barnwell, May, 1903. Action by Lizzie D. Rhodes, administratrix of George T. Rhodes, against Southern Railway Co; and P. I. Welles. From judgment for plaintiff, defendant appeals. cite: As. to refusing motion for continuance on account of sickness of one counsel: 42 S. C., 209; 48 S. C., 45;'50 S. C„ 403; 1 McL., 520. As to refusal to quash array of jurors: Act of 1731, vol. 3, sec. 29 ; 12 Ency.
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Before J. E. McDonaed, special Judge, Barnwell, May, 1903. Action by Lizzie D. Rhodes, administratrix of George T. Rhodes, against Southern Railway Co; and P. I. Welles. From judgment for plaintiff, defendant appeals. cite: As. to refusing motion for continuance on account of sickness of one counsel: 42 S. C., 209; 48 S. C., 45;'50 S. C„ 403; 1 McL., 520. As to refusal to quash array of jurors: Act of 1731, vol. 3, sec. 29 ; 12 Ency. P. & P., 288; 11 S. C., 345; Acts 1902, 1066; 15 Rich. Eq., 42. As to appeal from order refusing to quash array of jurors being supersedeas: Code of Proc., secs.…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Gary.
This is an action for damages based upon the alleged negligence of the defendants.
In the first paragraph of the complaint it is alleged that the Southern Railway Co<. is a corporation operating a railroad from Batesburg, S. C., to Hardeeville, S. C., and that the defendant, P. I. Welles, is. the superintendent of his co-defendant, and as such was in charge of said railroad in behalf of the Southern Railway Co.
The second and third paragraphs of the complaint are as follows:
“II. That upon the 26th day of August, A. D. 1901, one George T.…
2Cases cited5 opinions
- Norris v. ClinkscalesSupreme Court of South Carolina · 1896
- Hicks v. Southern Ry.Supreme Court of South Carolina · 1902
- Alston v. LimehouseSupreme Court of South Carolina · 1901
- Capell v. MosesSupreme Court of South Carolina · 1892
- National Exchange Bank v. StellingSupreme Court of South Carolina · 1890
3Cited by14 opinions
- State v. RectorSupreme Court of South Carolina · 1930
- State v. BramlettSupreme Court of South Carolina · 1932
- State v. WellsSupreme Court of South Carolina · 1931
- Reed v. Southern RailwaySupreme Court of South Carolina · 1906
- Southern Railway Co. v. DisekerCourt of Appeals of Georgia · 1913
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