Legal Opinion

Huggins v. Atlantic Coast Line R. R.

Supreme Court of South Carolina

Decided September 29, 1913No. 8656PublishedCited by 23 opinions

Before Copés, J., Barnwell, Action by H. C. Huggins against Atlantic Coast Line R. R. Co. and Peter Wilson. Defendant railroad company appeals. cite: Duty of master to employ competent servants: Elliott on R. R., sec. 1284; 77 S. C. 550. Bvidence as to specific incidents of incompetency not alleged, incompetent: Jones on Ev. sec. 165; Elliott, sec. 1796. Keeping jury together is discretionary with judge: 9 Rich. 133. cite: Master must furnish safe employees: 61 S. C. 468; 92…

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Before Copés, J., Barnwell, Action by H. C. Huggins against Atlantic Coast Line R. R. Co. and Peter Wilson. Defendant railroad company appeals. cite: Duty of master to employ competent servants: Elliott on R. R., sec. 1284; 77 S. C. 550. Bvidence as to specific incidents of incompetency not alleged, incompetent: Jones on Ev. sec. 165; Elliott, sec. 1796. Keeping jury together is discretionary with judge: 9 Rich. 133. cite: Master must furnish safe employees: 61 S. C. 468; 92 S. C. 528. Under general allegations, specific acts are competent: 47 S. C. 28. Whether injury was caused by act of…

1Opinion of the Court

The opinion in this case was filed June 10th, but remittitur held up on petition for rehearing until

The opinion of the Court was delivered by

Mr. Justice; Hydricic.

This is an action for damages for personal injuries sustained by plaintiff, on October 21, 1909, while in the service of the defendant company as a locomotive engineer. He alleges that his injuries were caused by the negligent, wilful and wanton conduct of defendant in furnishing him an incompetent fireman, Peter Wilson, by name, to assist him in the discharge of his duties as engineer, that said Wilson had the habit of tampering…

2Cited by23 opinions

  1. Duncan v. the Record Publishing Co.Supreme Court of South Carolina · 1927
  2. Mishoe v. Atlantic Coast Line R. Co.Supreme Court of South Carolina · 1938
  3. Bowers v. Charleston & W. C. Ry. Co.Supreme Court of South Carolina · 1947
  4. Weadock v. Eagle Indemnity Co.Louisiana Court of Appeal · 1943
  5. Steele v. Atlantic Coast Line R. R.Supreme Court of South Carolina · 1916

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