Trimmier v. Atlanta & Charlotte Air Line Ry.
Supreme Court of South Carolina
Before Watts, J., Spartanburg, Fall term, 1907. Action by T. R. Trimmier, administrator of J. W. Allison, against Atlanta and Charlotte Air Tine Ry. Co. From judgment for plaintiff, defendant appeals. Messrs.
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Before Watts, J., Spartanburg, Fall term, 1907. Action by T. R. Trimmier, administrator of J. W. Allison, against Atlanta and Charlotte Air Tine Ry. Co. From judgment for plaintiff, defendant appeals. Messrs. Sanders & DePass cite: This suit is not brought by the administrator: 8 Rich., 345; 56 S. C., 251; 32 S. C., 376; 41 S. C., 16, 397; 2 Bail., 177, 463; 8 Rich., 345; 2 Strob., 3. Probate court had no jurisdiction to grant letters to clerk of court: Code 1902, 2523; 15 Stat., 413, 704. If proof leaves in conjecture cause of injury, there is no liability on part of master: 72 S. C., 398;…
1Opinion of the Court
Opinion.
The opinion of the Court was delivered by.
Mr. Justice Gary
(after stating the facts). We will not discuss the exceptions in detail, but under the heads adopted by the appellant’s attorneys.
The first question that will be considered is whether his Honor, the presiding Judge, erred in overruling the grounds numbered 1, 2, 3 and 4, in the motion made by the defendant for the Circuit Judge to direct a verdict in favor of the defendant.
1 These grounds relate to the legal capacity of the plaintiff to bring the action. If there is a defect of parties, the objection should be taken by demurrer…
2Cases cited8 opinions
- Hicks v. Southern Ry.Supreme Court of South Carolina · 1902
- Branch v. Port Royal &c. Railway Co.Supreme Court of South Carolina · 1892
- Blackwell v. British American Mtg. Co.Supreme Court of South Carolina · 1902
- Reed v. Southern RailwaySupreme Court of South Carolina · 1906
- Richey v. Southern Ry.Supreme Court of South Carolina · 1904
3 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- McClaugherty v. Rogue River Electric Co.Oregon Supreme Court · 1914
- Miller v. Atlantic Coast Line RailroadSupreme Court of South Carolina · 1926
- Miller, Administrator v. A.C.L.R. Co.Supreme Court of South Carolina · 1926
- Bradford v. F. W. Woolworth Co.Supreme Court of South Carolina · 1927
- Glover v. StateCourt of Appeals of Georgia · 1914
19 more not listed; retrieve them via the Exa API.