Legal Opinion

Pickett v. Southern Ry.

Supreme Court of South Carolina

Decided July 23, 1904PublishedCited by 14 opinions

Before Jos. A. McCullough, special Judge, November, 1903. Action by John A. Pickett against Southern Railway Co. — Carolina Division. From judgment for plaintiff, defendant appeals. cite: Consolidated roads are not liable for the tort sued here: 64 S. C., 92; Code, 1902, 2050, 2051, 2052, 2053; 64 S. C., 92; 127 Fed.

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Before Jos. A. McCullough, special Judge, November, 1903. Action by John A. Pickett against Southern Railway Co. — Carolina Division. From judgment for plaintiff, defendant appeals. cite: Consolidated roads are not liable for the tort sued here: 64 S. C., 92; Code, 1902, 2050, 2051, 2052, 2053; 64 S. C., 92; 127 Fed. R., 606; 23 Stat., 1152; 17 Wall., 425; 10Ó U. S., 585. As to charging on facts: 47 S. C., 517; 5 S. C., 70; 14 S. C., 621; 17 S. C., 137; 19 S. C., 94; 25 S. C., 172; 28 S. C., 579, 255; 53 S. C., 67. The allegation that the act was reckless does not charge a wilful tort: 16…

1Opinion of the Court

The opinion o-f the Court was delivered by

Mr. Justice Gary.

This is an action for damages, alleged to have been sustained by the plaintiff, through the negligence and recklessness of the defendant. The allegations of the complaint, material to- the questions presented by the exceptions, are as follows :

“4. That on the 27th day of December, 1901, the plaintiff went to said depot at St. Matthews for the purpose of securing transportation therefrom over said line of railroad to the said city of Columbia upon the regxilar passenger train thereon, which, according to- the schedule then of force,…

2Cases cited3 opinions

  1. Proctor v. Southern Ry.Supreme Court of South Carolina · 1901
  2. Creech v. Char. & West. Car. Ry.Supreme Court of South Carolina · 1903
  3. Stewart v. Walterboro & Western Ry. Co.Supreme Court of South Carolina · 1902

3Cited by14 opinions

  1. Siesseger v. PuthSupreme Court of Iowa · 1931
  2. Hicks v. McCANDLISHSupreme Court of South Carolina · 1952
  3. Crosby v. Seaboard Air Line Ry.Supreme Court of South Carolina · 1908
  4. State v. LangfordSupreme Court of South Carolina · 1906
  5. Galloway v. General Motors Acceptance CorporationCourt of Appeals for the Fourth Circuit · 1939

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