Legal Opinion

Smyer v. Southern Ry. Co.

Supreme Court of South Carolina

Decided July 18, 1919No. 10041PublishedCited by 2 opinions

Before Prince, J., at chambers, Winnsboro, S. C., March 7, 1918. Action by Mary C. Smyer, as executrix of the last will and testament of Robert D. Smyer, deceased, against the Southern Railway Company and L,. C. Jones. From an order denying the motion of defendant, Jones, for change of venue, he appeals.

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Before Prince, J., at chambers, Winnsboro, S. C., March 7, 1918. Action by Mary C. Smyer, as executrix of the last will and testament of Robert D. Smyer, deceased, against the Southern Railway Company and L,. C. Jones. From an order denying the motion of defendant, Jones, for change of venue, he appeals. Statement: This action was commenced in the Court of Common Pleas for Chester county, S. C., by the service of a summons and complaint on the defendant, Southern Railway Company, and T. C. Jones. It was brought to recover the sum of forty thousand ($40,000) dollars damages, which the…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Hydrick.

Plaintiff brought this action in the Court of Common Pleas for Chester county against the Southern Railway Company and the defendant, Jones, one of the company’s locomotive engineers, for damages for the death of her testator, which she alleges was caused by the joint and concurrent negligence of the defendants in the county of Chester. The railway company is a foreign corporation, but it is doing business as a common carrier in this State, and owns and operates a railroad through the county of Chester, where the venue is laid, and…

2Cases cited1 opinion

  1. Hayes v. Seaboard A. L. Ry.Supreme Court of South Carolina · 1914

3Cited by2 opinions

  1. Campbell v. Mutual Benefit Health & Accident Ass'nSupreme Court of South Carolina · 1931
  2. Deese v. WilliamsSupreme Court of South Carolina · 1960

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