Lyon v. Charleston & Western Carolina Ry.
Supreme Court of South Carolina
Action by A. B. L/yon against Charleston and Western Carolina Ry. From judgment for plaintiff, defendant appeals. Mr. Simpson cites: Compliance zviih act of Congress had, nothing to do zvith plaintiff’s injury: 2 Thomp. on Trials, secs. 2309, 2310, 2315; 11 Ency., 516; 56 S. C., 434: 61 S. C., 563. Flagman and engineer are fellow-servants: 72 S. C., 243; 5 Rap. & Mack’s Dig. Ry. Law, 740; 31 Fed.
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Action by A. B. L/yon against Charleston and Western Carolina Ry. From judgment for plaintiff, defendant appeals. Mr. Simpson cites: Compliance zviih act of Congress had, nothing to do zvith plaintiff’s injury: 2 Thomp. on Trials, secs. 2309, 2310, 2315; 11 Ency., 516; 56 S. C., 434: 61 S. C., 563. Flagman and engineer are fellow-servants: 72 S. C., 243; 5 Rap. & Mack’s Dig. Ry. Law, 740; 31 Fed. R., 527; 72 111., 512, 285; 67 Miss., 255; 67 Barb., 96; 39 N. Y., 468; 37 Ohio St., 665; 10 Lea, 741; 85 Tenn., 227; 13 Lea, 423; 14 Lea, 374; 15 Lea, 145; 67 Tex., 238; 2 Lab. on M. & S., sec.…
1Opinion of the Court
The opinion herein was handed down December 16, 1906, but on petition for rehearing case was ordered reargued at April Term, 1907.
The opinion of the Court was delivered by
Mr. Justice Woods.
The vital question in this case is whether the Circuit Judge erred in refusing a motion for a nonsuit and for new trial.
The plaintiff, a flagman on defendant’s freight train, while attempting to uncouple á moving car, fell, on the track and had his leg crushed. He brought this action for damages and recovered judgment, alleging the accident was due to the defendant’s negligence. Without taking up the…
2Cases cited17 opinions
- Bodie v. Charleston & Western Carolina Ry. Co.Supreme Court of South Carolina · 1901
- Pickens v. South Carolina & Georgia R. R.Supreme Court of South Carolina · 1899
- Carson v. Southern Ry.Supreme Court of South Carolina · 1903
- Petrie v. Columbia & Greenville RailroadSupreme Court of South Carolina · 1888
- Hollings v. Bankers Union of the WorldSupreme Court of South Carolina · 1902
12 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- McLean v. Atlantic Coast Line R. R.Supreme Court of South Carolina · 1908
- Augustine v. ChristopouloSupreme Court of South Carolina · 1941
- Meyer v. Gulf Refining Co.Supreme Court of South Carolina · 1936
- Stanton v. Interstate Chemical Corp.Supreme Court of South Carolina · 1914
- McGuire v. SteinbergSupreme Court of South Carolina · 1937
10 more not listed; retrieve them via the Exa API.