Pinckney v. Atlantic Coast Line R. R.
Supreme Court of South Carolina
Before Gary, J,, Colleton, March term, 1911. Action by J. B. Pinckney, by guardian, against Atlantic Coast Riñe R. R. Co. Plaintiff appeals. Messrs.
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Before Gary, J,, Colleton, March term, 1911. Action by J. B. Pinckney, by guardian, against Atlantic Coast Riñe R. R. Co. Plaintiff appeals. Messrs. Howell & Gruber cite: Servant may recover for injury caused by combined negligence of master and fellow servant: 79 S. C. 512. cite: It is no excuse for the violation of a rule that the engineer promised not to back the cars on the siding: 11 Ohio C. C. 553; 43 R. R. A. 305. Plaintiff was guilty of contributory negligence: 1 Rab. on M. & vS. 94S, 951; 88 N. W. 976;' 70 S. C. 252; 82 S. C. 548; 20 So. 132; 82 N. W. 711; 45 Pac. 384; 57 Am.. R.…
1Opinion of the Court
The opinion of the Court was. delivered by
Mr. Justice Woods.
The plaintiff, a car repairer, was injured on the railroad yard at Yemassee by the impact of a moving freight train against the car under which he was working. In his complaint he alleged that he went under the car to work relying' on the assurance of the conductor of the train- that -he had finished his- work at Yemassee and was about to start for Augusta; and that the conductor without notice to him “carelessly, negligently, wantonly and in gross and reckless disregard of the safety and rights of the plaintiff” moved the locomotive…
2Cases cited3 opinions
- Stephens v. Southern RailwaySupreme Court of South Carolina · 1902
- Elms v. Southern Power Co.Supreme Court of South Carolina · 1908
- Roberts v. Virginia-Carolina Chemical Co.Supreme Court of South Carolina · 1909
3Cited by3 opinions
- Cannon v. Lockhart MillsSupreme Court of South Carolina · 1915
- Stone v. Atlantic Coast Line R. R.Supreme Court of South Carolina · 1913
- Cato v. Atlanta & C. A. L. Ry. Co.Supreme Court of South Carolina · 1931