Berger v. Charleston Consolidated Railway, Gas & Electric Co.
Supreme Court of South Carolina
Before SeasE, J., Charleston, October term, 1911. Action by Martin K. Berger against Charleston Consolidated Railway, Gas and Electric Company.
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Before SeasE, J., Charleston, October term, 1911. Action by Martin K. Berger against Charleston Consolidated Railway, Gas and Electric Company. Plaintiff appeals. cites: Negligence of parent cannot be imputed to the child: 66 S. C. 47; 84 S. C. 553. There being no evidence of contributory negligenceJ it was error to submit that defense to the jury: 88 S. C. 331. cites: The doctrine of contributory negligence of the parent applies in an action by the parent: 66 S. C. 51; 1 Thoinp. on Neg. 312; 2 Thomp. 1432; 2 Rorer on R. R. 1070; Schouler on Domestic Relations 301; 3 Hutch, on Con. 1648; 29…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Woods.
Elinor Berger, a daughter of the plaintiff, of the age of four years, was run over by a car of the defendant company on King street in the city of Charleston. The accident resulted in the loss of both feet, and in an action brought in behalf of the child, a judgment of $6,000 was recovered for the injuries inflicted. After-wards, Martin K. Berger, the father of Elinor, brought this action to recover for hospital and medical expenses, for maintenance of the child in her maimed condition and for loss of her services. The defendant set…
2Cases cited1 opinion
- Watson v. Southern Ry.Supreme Court of South Carolina · 1903
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