Rutherford v. Southern Ry.
Supreme Court of South Carolina
Before Gary, J., February, 1899. Action for damages for personal 'injury by Amos Rutherford against Southern Railway Company.
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Before Gary, J., February, 1899. Action for damages for personal 'injury by Amos Rutherford against Southern Railway Company. The jury were instructed as follows: This is a suit on the part of the plaintiff, Amos Rutherford, against the Southern Railway Company for damages which it is alleged occurred to the plaintiff while he was serving the defendant railway company in the capacity of an employee; 'and it i!s alleged that the damages — that the injuries rather- — complained of were occasioned or caused through the negligent act of a coemployee or colaboren That is the plaintiff’s…
1Opinion of the Court
The opinion of the 'Court was delivered by
Mr. Chief Justice McIver.
This action was brought by the plaintiff to recover damages for certain injuries received by plaintiff while in the employment of the defendant company, through the alleged negligence of the agents and servants of said company. The defendant in its answer sets up two defenses: 1st, a general denial of all the allegations of the complaint except as to the corporate capacity of the *453defendant company; 2d, contributory negligence on the part of the plaintiff. The case came on for trial before his Honor, Judge Ernest Gary, and a…
2Cited by7 opinions
- Carson v. Southern Ry.Supreme Court of South Carolina · 1903
- Whisenhunt v. Atlantic Coast Line R. Co.Supreme Court of South Carolina · 1940
- Rippy v. Southern Ry.Supreme Court of South Carolina · 1908
- Atlantic Coast Line R. v. FarmerCourt of Appeals for the Fourth Circuit · 1909
- Hallums v. Southern Ry.Supreme Court of South Carolina · 1909
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