Woodward v. Southern Railway
Supreme Court of South Carolina
Before Memminger, J., Aiken, Fall term, 1910. Action by Lizzie Woodward, administratrix of Hamp. Woodward, against Southern Railway — Carolina Division. •Plaintiff appeals. cites: When nonsuit should not be granted: 86 S. C. 274; 62 S. C. 135; 66 S. C. 484; 68 S- C. 487; 85 S..C. 359; 25 S. C. 132; 82 S. C. 363; 77 S. C. 342. Was deceased a licensee? 67 S. C. 506; 68 S. C. 488; 75 S. C. 292. Failure to give statutory signals is competent on issue of recklessness: 52 S. C.…
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Before Memminger, J., Aiken, Fall term, 1910. Action by Lizzie Woodward, administratrix of Hamp. Woodward, against Southern Railway — Carolina Division. •Plaintiff appeals. cites: When nonsuit should not be granted: 86 S. C. 274; 62 S. C. 135; 66 S. C. 484; 68 S- C. 487; 85 S..C. 359; 25 S. C. 132; 82 S. C. 363; 77 S. C. 342. Was deceased a licensee? 67 S. C. 506; 68 S. C. 488; 75 S. C. 292. Failure to give statutory signals is competent on issue of recklessness: 52 S. C. 329; 58 S. C. 74; 64 S. C. 113; 78 S. C. 363; 85 S. C. 25; 87 S. C. 327; 83 S. C. 354. Railroad Co. waived its notice of…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Chief Justice Jones.
This is an appeal from an order of nonsuit in an action for damages for death of plaintiff’s intestate caused by alleged negligence of defendant. It appears that Hamp. 'Woodward on Sunday morning, September 6, 1908, was found dead lying on the north side of' defendant’s track 820 yards east of its depot at Mont-morenci in Aiken county. The deceased was lying on his back, his body at right angle with the track and across the path alongside the track, and his head between the ends of two crossties, about on a level with the ties,…
2Cases cited4 opinions
- Smalley v. Southern Ry. Co.Supreme Court of South Carolina · 1900
- Goodwin v. Atlantic Coast Line R. R.Supreme Court of South Carolina · 1909
- Haltiwanger v. Columbia, Newberry & Laurens R. R.Supreme Court of South Carolina · 1902
- Rowe v. Southern Ry.Supreme Court of South Carolina · 1910
3Cited by11 opinions
- Ford v. Atlantic Coast Line R. Co.Supreme Court of South Carolina · 1932
- Key, Admx. v. Charleston W.C. Rwy. Co.Supreme Court of South Carolina · 1928
- Rober v. Northern Pacific Railway Co.North Dakota Supreme Court · 1913
- Browder v. Southern Railway Co.Supreme Court of South Carolina · 1954
- Ritter v. Atlantic Coast Line R. R.Supreme Court of South Carolina · 1915
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