Neely V. Railroad Co.
Supreme Court of South Carolina
Before Pressley, J., York, November, 1889. This was an action by J. H. Neely against The Charlotte, Columbia & Augusta Railroad Company to recover damages for the negligent killing of a cow in August, 1889. It appeared that there was a dirt road alongside the railroad track which led out into a lane, and the road down this lane crossed the track.
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Before Pressley, J., York, November, 1889. This was an action by J. H. Neely against The Charlotte, Columbia & Augusta Railroad Company to recover damages for the negligent killing of a cow in August, 1889. It appeared that there was a dirt road alongside the railroad track which led out into a lane, and the road down this lane crossed the track. Plaintiff’s testimony was that a herd of cows were driven out of their pasture down this lane across the track, when, being frightened by the train, they ran down this parallel dirt road and some of them got upon tho track and were run into by this…
1Opinion of the Court
Thp opinion of the court was delivered by
MR. Chief Justice Simpson.
The action below was brought to recover $125 alleged to be the value of a cow of plaintiff killed on defendant’s railroad track, at or near a crossing a short distance from Rock Hill depot. The jury rendered a verdict for plaintiff of $125. In the charge of his. honor, discussing section 1529, General Statutes, in which it is provided that “if a person is injured in his person or property by collision with the engine or cars of a railroad corporation at a crossing,” &c., he construed the words at a crossing to mean at or near…
2Cited by9 opinions
- State v. LyleSupreme Court of South Carolina · 1923
- Clifford v. Southern Ry.Supreme Court of South Carolina · 1910
- Fowler v. RailwaySupreme Court of South Carolina · 1906
- Thompson v. RailwaySupreme Court of South Carolina · 1908
- Hasting v. Southern Ry. Co.Court of Appeals for the Fourth Circuit · 1906
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