Humphries v. Union & Glenn Springs R. R.
Supreme Court of South Carolina
Before Krugi-i, J., Union, Action by C. G. Humphries against Union and Glenn Springs Railroad Company. From judgment for plaintiff, defendant appeals. cite: Brror to admit evidence of wealth of stockholder: 77 S. C., 409. cite: It is negligence to make excavation near highway: 55 Am. R., 88; 1 Am. Neg. R., 81; 1 Wood on Nuisances, sec. 271; Cool, on Torts, 792; 62 S. C., 325. Plaintiff not guilty of contributory negligence: 5 Thomp. on Neg., sec. 6304.
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Hydricic.
This is an action for damages for personal injury. The plaintiff, a grocer of the town of Union, alleged in his complaint, and his testimony tended to prove, that the defendant, in constructing its railroad, excavated a cut, from twelve to fifteen feet deep, through a cotton mill village, just outside of the limits of the town, and within a few feet of an established highway; that its nearness to the highway made the place dangerous to those using the highway, especially at night, and that defendant failed to protect them against…
2Cases cited1 opinion
- Kennedy v. City of GreenvilleSupreme Court of South Carolina · 1907
3Cited by10 opinions
- O'Neal v. Carolina Farm Supply of Johnston, Inc.Court of Appeals of South Carolina · 1983
- Westerso v. City of WillistonNorth Dakota Supreme Court · 1950
- Clifford v. Southern Ry.Supreme Court of South Carolina · 1910
- Kershaw Motor Co. v. Southern Ry. Co.Supreme Court of South Carolina · 1926
- Rowland v. Town of DillonSupreme Court of South Carolina · 1938
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