Johnson v. Atlantic Coast Line R. R.
Supreme Court of South Carolina
Before Whaley, J., County Court, Richland. Action by Calvin Johnson against Atlantic Coast Line Railroad Company. From directed verdict for defendant the plaintiff appeals. For former appeal see 112 S. C. 47; 99 S. E. 755. Plaintiff was injured while cutting a rail in repairing a track used by interstate and other trains. The reasons given by the trial Judge for directing, a verdict, mentioned in the dissenting opinion, were as follows.
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Before Whaley, J., County Court, Richland. Action by Calvin Johnson against Atlantic Coast Line Railroad Company. From directed verdict for defendant the plaintiff appeals. For former appeal see 112 S. C. 47; 99 S. E. 755. Plaintiff was injured while cutting a rail in repairing a track used by interstate and other trains. The reasons given by the trial Judge for directing, a verdict, mentioned in the dissenting opinion, were as follows. The Court: Well, gentlemen, I think I had better bring this to an end. The more I hear from both sides, the more convinced I am. As I said, the only thing…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Watts.
This is an appeal from a directed verdict in favor of defendant-respondent by County Judge Whaley.
1 This is the second appeal in the case (112 S. C. 47, 99 S. E. 755.) The exceptions, eight in number, complain of error on the part of his Honor in so deciding. Appellant says, also, that plaintiff withdrew any claim for punitive damages. In the former decision this Court decided that “the issue of negligence should have been sent to the jury.” As the facts at this time are practically the same as on the former appeal, that as to…
2Cases cited1 opinion
- Johnson v. Atlantic Coast Line Ry. Co.Supreme Court of South Carolina · 1919
3Cited by3 opinions
- Nelson v. Charleston & Western Carolina Railway Co.Supreme Court of South Carolina · 1957
- Prince v. Nashville, C. & St. L. Ry.Tennessee Supreme Court · 1925
- Agresta v. New York, Ontario & Western Railway Co., New Jersey Department of Labor Workmen's Compensation Bureau1936