Green v. Atlanta & C. A. L. Ry. Co.

The plaintiff, a yard conductor, was shot by one of a gang of car robbers who were surprised by him in their enterprise. The question to be decided upon this appeal is whether or not, under the circumstancesproved, not simply alleged, the employer of the plaintiff is responsible to him in damages for the injury thus sustained.

I emphasize the necessity of proof rather than allegation, for the reason that the decision of this Court upon a former appeal (131 S.C. 124, 126 S.E., 441, 38 A.L.R., 1448) was rendered upon the review of an order of the Circuit Court overruling a demurrer to the…