Legal Opinion

Spears v. Atlantic Coast Line R. R.

Supreme Court of South Carolina

Decided August 20, 1912No. 8298PublishedCited by 4 opinions

Befofe Copes, J., .Marlboro, July term, 1911. Action by Hannah J. Spears and Henry B. Spears against Atlantic Coast Line Railroad Company. Defendant appeals.

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Befofe Copes, J., .Marlboro, July term, 1911. Action by Hannah J. Spears and Henry B. Spears against Atlantic Coast Line Railroad Company. Defendant appeals. Mr. Livingston cites: What amendments may be granted during trial: 21 S. C. 226, 221; 30 S. C. 564, 199; 84 S. C. 578; 68 S. C. 506; 72 S. C. 256; 78 S. C. 419. Contributory negligence is a defense: 39 S. C. 517; 65 S. C. 217; 63 S. C. 1536; 87 S. C. 325. Nonsuit should have been granted: 82 S. C. 49; 39 S. C. 517; 65 S. C. 217; 63 S. C. 536; 87 S. C. 325; 7 S. C. 402; 57 S. C. 211; 63 S. C. 494; 83 S. C. 335. cite: As to counsel reading…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Fraser.

This was an action for damages. It seems that the plaintiff-respondent, Mrs. Spears, was going home from Bennettsville and driving along a public highway that approached the track of the appellant railroad company. The public road and the railroad made a V and were almost parallel. The plaintiff alleged, that the defendant did not ring its bell or blow its whistle as required by law, on approaching the crossing and that the train was running at a dangerously high rate of speed and that by reason of the conduct of the defendant, she…

2Cited by4 opinions

  1. Collum v. Southern Ry. CompanySupreme Court of South Carolina · 1939
  2. Hutto v. Southern Railway Co.Supreme Court of South Carolina · 1915
  3. Elliott v. CarrollSupreme Court of South Carolina · 1936
  4. Hamer v. DavidSupreme Court of South Carolina · 1923

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