Steele v. Southern Ry.
Supreme Court of South Carolina
Before Gary, J., October term, 1898. xAction for damages received while riding on a freight train by W. M. Steele against Southern Railway. From judgment for plaintiff, defendant appeals. The latter cites: The rule that negligence should be presumed from injury on railroad has been modified: 20 S. C, 254; 19 S. C, 59; 16 N. W. R., 388. Rule as to liability of railroads to passengers on freight trains: 93 U. S., 295; 11 S. E. R., 555; S3 Mo.
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Before Gary, J., October term, 1898. xAction for damages received while riding on a freight train by W. M. Steele against Southern Railway. From judgment for plaintiff, defendant appeals. The latter cites: The rule that negligence should be presumed from injury on railroad has been modified: 20 S. C, 254; 19 S. C, 59; 16 N. W. R., 388. Rule as to liability of railroads to passengers on freight trains: 93 U. S., 295; 11 S. E. R., 555; S3 Mo. App., 462; 26 111., 373; 38 Fed., 822; 33 N. E. R., 204; 4 S. E. R., 503; 22 N. E. R., 662; 10 A. & E. R. Cases (new series), 260. cite: As to presumption…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Jones.
The judgment of the Circuit Court in this case awarded plaintiff' $200 as damages for injuries received, while- traveling as a passenger in the “caboose car” of defendant’s freight train. While this train was on its way from Ridgeway to Columbia, August 5th, 1898, the caboose and another car became detached from the remainder of the train, and then overtook and collided with the rear end of the forward part of the train, throwing plaintiff from his seat across the caboose, inflicting injury. The collision was of such force as to break…
2Cases cited2 opinions
- Indianapolis & St. Louis Railroad v. HorstSupreme Court of the United States · 1876
- Texas & P. Ry. Co. v. BarrettCourt of Appeals for the Fifth Circuit · 1895
3Cited by20 opinions
- Ford v. Atlantic Coast Line R. Co.Supreme Court of South Carolina · 1932
- Nickles v. Seaboard Air Line Ry.Supreme Court of South Carolina · 1906
- Doolittle v. Southern Ry.Supreme Court of South Carolina · 1901
- Shelton v. Southern Ry.Supreme Court of South Carolina · 1910
- Wilmarth v. Pacific Mut. Life Ins. Co.California Supreme Court · 1914
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