Legal Opinion

Kirkland v. Augusta-Aiken Ry. & Electric Corp.

Supreme Court of South Carolina

Decided April 13, 1914No. 8786PublishedCited by 15 opinions

Before Spain, J., Action by Ella Kirkland, as administratrix of the estate of B. D. Kirkland, deceased, against Augusta-Aiken Railway .& Electric Corporation, under Lord Campbell’s act, to recover damages arising from the death of her intestate, alleged to have been caused by the negligent, wilful and wanton acts of defendant. Judgment on verdict for $5,000.00 for plaintiff. Defendant appeals.

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Before Spain, J., Action by Ella Kirkland, as administratrix of the estate of B. D. Kirkland, deceased, against Augusta-Aiken Railway .& Electric Corporation, under Lord Campbell’s act, to recover damages arising from the death of her intestate, alleged to have been caused by the negligent, wilful and wanton acts of defendant. Judgment on verdict for $5,000.00 for plaintiff. Defendant appeals. Nonsuit' on direction of verdict on ground that there was no evidence tending to show wilfulness or recklessness: Rule 77, Supreme Court; 75 S. C. 211; 72 S. C. 263; 75 S. C. 187; 79 S. C. 154; 65 S. C.…

1Opinion of the Court

The opinion of the Court states the facts and was delivered by

Mr. Justice Fraser.

This is an action for damages for the negligent and wilful and wanton killing of plaintiff’s intestate, B. D. Kirkland. The undisputed evidence shows that the deceased was under the influence of liquor in Aiken. That a policeman started to arrest him, but one of his friends promised to take charge of him and get him off on the defendant’s car for his home in Madison, a village community near Graniteville, in Aiken county, in this State. That the deceased left the car at the Lutheran Crossing, one of the stops in…

2Cases cited1 opinion

  1. Craig v. Augusta-Aiken Railway Co.Supreme Court of South Carolina · 1912

3Cited by15 opinions

  1. Ford v. Atlantic Coast Line R. Co.Supreme Court of South Carolina · 1932
  2. Jones v. Atlanta-Charlotte Air Line R. Co.Supreme Court of South Carolina · 1951
  3. Miller v. Atlantic Coast Line RailroadSupreme Court of South Carolina · 1926
  4. Miller, Administrator v. A.C.L.R. Co.Supreme Court of South Carolina · 1926
  5. Lorenzo v. Atlantic Coast Line R. R.Supreme Court of South Carolina · 1915

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