Legal Opinion

Calhoun v. Southern Ry. Co.

Supreme Court of South Carolina

Decided October 11, 1920No. 10503PublishedCited by 3 opinions

Before Townsend, J., Sumter, Spring term, 1919. Affirmed as to actual damages. Action by J. A. Calhoun as Administrator of the estate of J. A. Calhoun, Jr., against Southern Railway Co. et al. Judgment for plaintiff and defendants appeal. cite: Suit brought under Sec. io, Act of Congress March 21, 1918, and before G. O. No. 50 of the Director General was issued.

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Before Townsend, J., Sumter, Spring term, 1919. Affirmed as to actual damages. Action by J. A. Calhoun as Administrator of the estate of J. A. Calhoun, Jr., against Southern Railway Co. et al. Judgment for plaintiff and defendants appeal. cite: Suit brought under Sec. io, Act of Congress March 21, 1918, and before G. O. No. 50 of the Director General was issued. G. O. No. 50 has force and effect of a law:! 12 S. C. 407; 99 S. E. 846. Relationship between Railroad and Director General was not that of Lessor and Lessee: 112 S- C. 407; 99 S- E. 846; 113 S. C. 101; S. E. 924; 113 S. C. 188; 101…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Fraser.

1 This is an action for damages for death by the wrongful act. The deceased was a passenger on traían No. 18, on the 25th of February, 1918. Train No-. 18 was followed by train No. 42. Train No. 18 stopped to fix the air brakes, and the conductor sent a brakeman back to stop train No. 42. The brakeman did not put out the required signals, and train No. 42 ran into train No. 18 and killed the deceased, J. A. Calhoun, Jr. On the date of the tragedy the Southern Railway was operated under government control. On the day of the accident…

2Cases cited2 opinions

  1. Webber v. Town of JonesvilleSupreme Court of South Carolina · 1913
  2. Grant v. Director General of RailroadsSupreme Court of South Carolina · 1920

3Cited by3 opinions

  1. Currie v. Davis, Agent, Etc.Supreme Court of South Carolina · 1923
  2. Collins Ex Rel. Estate of Collins v. SmithSupreme Court of South Carolina · 1973
  3. Brunswick Corporation v. SittasonSupreme Court of Alabama · 1964

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