Richardson v. Florida Central & Peninsula R. R.
Supreme Court of South Carolina
Before Gary, J., Lexington, September, 1898. Action by H. W. Richardson against Florida Central and Peninsular R. R. Co. for damages for killing a dog.
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Before Gary, J., Lexington, September, 1898. Action by H. W. Richardson against Florida Central and Peninsular R. R. Co. for damages for killing a dog. From order of nonsuit, plaintiff appeals. cite: Negligence is presumed from act of killing: 78 Tex., 300; 75 Ga., 444; 95 Tenn., 413; 86 N. Y., 365; 10 Rich., 52; 2 Kan., 481; 41 Ark., 479; 40 Fed., 281. Is dog personal property? 10 Rich., 2d8; Rev. Stat., 217; Code, 165; 10 Ired., 259; 1 Mich., 155; 11 Kan., 380; 28 S. E. R., 225; 17 Supt. Ct. R., 694; 166 U. S., 698; 15 Rich., 362. There being some proof of negligence, nonsuit was improper:…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Pope.
The defendant railroad company kills a Llewellyn setter female dog, named “Pink,” by its fast mail and passenger train, on 23 d March, 1898, in the little village of Swansea, in Lexington County, S. C, while said dog was the property of the plaintiff. The plaintiff now seeks to recover $300 as damages for such dog killing.
*3351 At the close of plaintiff’s testimony, Judge Gary granted a nonsuit on defendant’s motion, upon the authority of the case of Wilson v. The R. R. Co., 10 Rich., 52. The ground of this motion for a nonsuit was that…
2Cited by3 opinions
- Fowler v. RailwaySupreme Court of South Carolina · 1906
- Bryce v. Southern Ry. Co.U.S. Circuit Court for the District of South Carolina · 1903
- Goode v. Southern Ry. Co.Supreme Court of South Carolina · 1922