Legal Opinion

Martin v. Southern Ry.

Supreme Court of South Carolina

Decided May 11, 1911No. 7911Published

Before Wieson, J., Greenville, March term, 1910. Action by Ben P. Martin against Southern Railway Company. Plaintiff appeals. cites: Whether certain acts constitute negligence is for the jury: 76 S. C. 49; 61 S. C. 345; 54 S. C. 499; 68 S. C. 153; 71 S. C. 156; 79 S. C. 120. Appellant should have been allowed to show abusive language: 78 S. C. 327. cite: Carrier is not liable for special damages of which it had no notice: 81 S. C. 536; 83 S. C. 411; 64 S. C. 316; 70 S. C. 8.…

Read the full summary

Before Wieson, J., Greenville, March term, 1910. Action by Ben P. Martin against Southern Railway Company. Plaintiff appeals. cites: Whether certain acts constitute negligence is for the jury: 76 S. C. 49; 61 S. C. 345; 54 S. C. 499; 68 S. C. 153; 71 S. C. 156; 79 S. C. 120. Appellant should have been allowed to show abusive language: 78 S. C. 327. cite: Carrier is not liable for special damages of which it had no notice: 81 S. C. 536; 83 S. C. 411; 64 S. C. 316; 70 S. C. 8. Language of conductor is not actionable unless abusive: 62 S. C. 1.

1Opinion of the Court

The opinion of the Court was delivered by

Mr. ChiEE Justice Jones.

The plaintiff sought to recover of defendant actual and punitive damages for alleged grossly negligent and wilful failure to stop its- train at plaintiff’s destination, he having boarded defendant’s train at Easley, S. C., on December 10, 1908, as a passenger for Crosswell, S. C. Verdict and judgment were for the defendant.

1 Appellant’s first exception alleges error in the ruling that plaintiff co-uld not prove what his business at Crosswell was and what was his loss in his business on account of the fail ure to stop the train…

2Cases cited3 opinions

  1. Kolb v. Southern Ry.Supreme Court of South Carolina · 1908
  2. Berley v. Seaboard Air Line Ry.Supreme Court of South Carolina · 1909
  3. Wilson Lumber Co. v. D. W. Alderman & Sons Co.Supreme Court of South Carolina · 1906

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API