Hicks v. Southern Ry.
Supreme Court of South Carolina
Before Buchanan, J., Newberry, February, 1900. Action by Coleman Hicks against Southern Railway Co. From judgment for plaintiff, defendant appeals. This case was first argued ■ during the November term, 1900, and opinion filed reversing the Circuit judgment. Upon petition for rehearing by plaintiff, respondent, 1 on only one point, rehearing was ordered.
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Before Buchanan, J., Newberry, February, 1900. Action by Coleman Hicks against Southern Railway Co. From judgment for plaintiff, defendant appeals. This case was first argued ■ during the November term, 1900, and opinion filed reversing the Circuit judgment. Upon petition for rehearing by plaintiff, respondent, 1 on only one point, rehearing was ordered. Upon the argument during November term, 1901, the respondent, made the point that only the one point was open for argument. Held, that upon order for rehearing generally, the whole case is open for argument. cites : Whether an engineer and…
1Opinion of the Court
The opinion in this case was filed January 24, 1902, and remittitur stayed on petition for rehearing until
The opinion of the Court was delivered by
Mr. Justice Gary..This is an action to recover damages for personal injury sustained by the plaintiff, on the 5th of November, 1895, by reason of alleged negligence on the part of the defendant, while in its employment as brakeman, and doing duty as flagman. The complaint alleges that the plaintiff, after flagging the train, boarded it, and just as he did so, a sudden jerk was made which snatched his foot off the step and caused it to be run over…
2Cases cited1 opinion
- Chicago, Milwaukee & St. Paul Railway Co. v. RossSupreme Court of the United States · 1884
3Cited by32 opinions
- Bushardt v. United Investment Co.Supreme Court of South Carolina · 1922
- Trimmier v. Atlanta & Charlotte Air Line Ry.Supreme Court of South Carolina · 1908
- White v. Southern Railway Co.Supreme Court of South Carolina · 1927
- Reed v. Southern RailwaySupreme Court of South Carolina · 1906
- Grainger v. Greenville, S. & A. Ry. Co.Supreme Court of South Carolina · 1915
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