Newton v. South Carolina Public Railways Commission

Finney, Chief Justice:

This is a negligence case. The trial judge granted petitioner’s (Commission’s) Rule 12(b)(6), SCRCP, motion, finding respondent’s complaint failed to allege legal cause. Respondent appealed, and the Court of Appeals reversed. Newton v. South Carolina Public Railways Comm’n, 312 S.C. 107, 439 S.E. (2d) 285 (Ct. App. 1993). We granted certiorari, and reverse.

The Commission was responsible for the maintenance of a train crossing signal. The signal was out of order for several days, constantly signalling an imminent train. Respondent came upon the malfunctioning signal and…