Johnson v. Southern Railway
Supreme Court of South Carolina
Before Klugh, J., Saluda, December, 1897. Action by George Johnson v. Southern Railway Company, for damages. From judgment for plaintiff, defendant appeals. cite: In absence of notice, conductor must presume person entering intends to become a passenger: 55 Ark., 428. No inference of negligence from prematurely moving train: 38 Sev., 401; 6 Gray, 64; 84 Ga., 1; 18 Sev.
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Before Klugh, J., Saluda, December, 1897. Action by George Johnson v. Southern Railway Company, for damages. From judgment for plaintiff, defendant appeals. cite: In absence of notice, conductor must presume person entering intends to become a passenger: 55 Ark., 428. No inference of negligence from prematurely moving train: 38 Sev., 401; 6 Gray, 64; 84 Ga., 1; 18 Sev. R., 543; 83 Fed., 58; 113 Mo., 370; 64 Wis., 657; 15 E. R. A., 434; 139 Mass., 238. No breach of duty on part of servants in not assisting wife on board: 113 Mo., 570; 23 Wis., 152; 27 S. C., 268; 46 S. C., 203. cite: Whether…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Chief Justice McIvER.
This was an action to re*205cover damages for injuries sustained by plaintiff, in alighting from defendant’s train, caused, as alleged, by the negligence of the defendant company. The case, in brief, was this: the plaintiff bought a ticket for his wife from defendant’s agent, at Monetta, a station on defendant’s line, which entitled her to be carried as a passenger from that station to Augusta, Georgia. The train was behind time in reaching Monetta, and the plaintiff’s wife, who was encumbered with heavy baggage, a valise, needed…
2Cited by12 opinions
- Powers v. SmithSupreme Court of South Carolina · 1908
- Sutton v. Southern Ry.Supreme Court of South Carolina · 1909
- Cooper v. Atlantic Coast Line RailroadSupreme Court of South Carolina · 1907
- Nelson v. Atlantic Coast Line R. Co.Supreme Court of South Carolina · 1939
- St. Louis S. F. R. Co. v. IsenbergSupreme Court of Oklahoma · 1915
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