Osteen v. Southern Ry.
Supreme Court of South Carolina
Before Hydrick, J., Kershaw, April, 1906. Action by Henrietta Osteen, as administratrix of Willie E. Osteen, against Southern Railway, Carolina Division.
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Before Hydrick, J., Kershaw, April, 1906. Action by Henrietta Osteen, as administratrix of Willie E. Osteen, against Southern Railway, Carolina Division. From judgment for plaintiff, defendant appeals on the following exceptions: “1. Excepts because his Honor erred in refusing defendant’s first request to charge, which was as follows: ‘The evidence in this case shows beyond controversy that the deceased drove upon the railroad track without looking, and that he was hard of hearing. Such being the undisputed evidence, I charge you that the deceased failed to exercise the care required of him1…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Gary.
This action was brought to recover damages, for the alleged wrongful death of plaintiff’s intes tate, Willie E. Osteen, by a passenger train, at a highway crossing near the outskirts of the city of Camden, S. C., on the 14th of December, 1903.
The complaint alleges that the crossing was hazardous in its nature, by reason of a close and extensive growth of trees and dense shrubbery, so located with reference to the line of railroad and public highway, as to prevent an observation, and totally obstruct a view of defendant’s track north of…
2Cases cited4 opinions
- In Re Estate of MayoSupreme Court of South Carolina · 1901
- Garrick v. Florida Central & Peninsular R. R.Supreme Court of South Carolina · 1898
- Jarrell v. Charleston & Western Carolina Ry.Supreme Court of South Carolina · 1900
- Morris v. Spartanburg Ry., Gas & Electric Co.Supreme Court of South Carolina · 1904
3Cited by26 opinions
- Chisolm v. Seaboard Air Line Ry.Supreme Court of South Carolina · 1922
- Ford v. Atlantic Coast Line R. Co.Supreme Court of South Carolina · 1932
- Cable Piano Co. v. Southern Ry.Supreme Court of South Carolina · 1913
- Miller v. Atlantic Coast Line RailroadSupreme Court of South Carolina · 1926
- Miller, Administrator v. A.C.L.R. Co.Supreme Court of South Carolina · 1926
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