Smalley v. Southern Ry. Co.
Supreme Court of South Carolina
Before Gage, J., Greenville, July, 1899. Action by E. A. Smalley, administrator of Oscar Smalley, against Southern Railway Company. In granting the motion of nonsuit, the trial Judge said: “In its last analysis it is is left for me to say whether or not there is any proof of negligence in this case. It is a motion for a nonsuit; and if there is any evidence in my mind going to show the want of ordinary care, it is my duty to submit it to the jury.
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Before Gage, J., Greenville, July, 1899. Action by E. A. Smalley, administrator of Oscar Smalley, against Southern Railway Company. In granting the motion of nonsuit, the trial Judge said: “In its last analysis it is is left for me to say whether or not there is any proof of negligence in this case. It is a motion for a nonsuit; and if there is any evidence in my mind going to show the want of ordinary care, it is my duty to submit it to the jury. But if in my mind there is no evidence of ordinary care, it is my duty to decide it now. In its last analysis it is a matter of opinion resulting…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Chile Justice McIvER.
The plaintiff, as the administrator of the personal estate of his deceased son, Oscar, brings this action to recover damages from the defendant company, sustained by reason of the killing of said Oscar through the alleged negligence of said company. The allegations of the complaint may be stated briefly as follows: That on the morning of the 3d of August, 1897, about sunrise, the said Oscar was attempting to cross a very high and long trestle on the defendant’s railway, when one of the defendant’s passenger trains going north…
2Cited by22 opinions
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- Matthews v. Seaboard Air Line RailwaySupreme Court of South Carolina · 1903
- Palmer v. Oregon Short Line R.Utah Supreme Court · 1908
- Davis v. UptonSupreme Court of South Carolina · 1967
- Key, Admx. v. Charleston W.C. Rwy. Co.Supreme Court of South Carolina · 1928
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