Squire v. Southern Ry. Co.
Supreme Court of South Carolina
Before SeasE, J., Orangeburg, Spring term, 1917. Action by Ellen Squire, as administratrix of the estate of William Squire, deceased, against the Southern Railway Company.
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Before SeasE, J., Orangeburg, Spring term, 1917. Action by Ellen Squire, as administratrix of the estate of William Squire, deceased, against the Southern Railway Company. From judgment for plaintiff, defendant appeals. cite: As to error in permitting plaintiff to amend her complaint at the trial: 80 S. C. 217; Code of Procedure, sec. 194; 50 S. C. 398; 27 S. E. 873; 64 S. C. 491; 42 S. E. 427; 70 S. C. 270; 49 S. E. 863; 75 S. C. 350; 74 S. C. 236, 244; 54 S. E. 375. As to refusal of Judge to direct a verdict for defendant: 90 S. C. 40; 66 S. C. 256; 57 S. C. 433; 179 U. S. 663 ; 158 Pac.…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Gage.
Action for tort to the person; verdict for the plaintiff for $1,000 actual damages; appeal by the defendant.
■ There are 11 exceptions, but the appellant has with great good sense reduced them in the brief to three issues. They are these: (1) The Court ought to have directed a verdict for the defendant, for the reason that there is no evidence as to how the deceased came to his death, and there is, therefore, no proof of negligence. (2) The defendant’s liability was fixed by act of Congress, and not by statute of the legislature. (3)…
2Cases cited6 opinions
- Louisville & Nashville Railroad v. ParkerSupreme Court of the United States · 1916
- Thornton v. Seaboard Air Line RailwaySupreme Court of South Carolina · 1914
- Sturdyvin v. Atlanta & C. A. L. Ry. Co.Supreme Court of South Carolina · 1914
- Padgett v. Seaboard Air Line Ry.Supreme Court of South Carolina · 1914
- Fayssoux v. Seaboard Air Line Ry.Supreme Court of South Carolina · 1918
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Tyner, Administrator v. A.C.L.R. Co.Supreme Court of South Carolina · 1927
- Tyner v. Atlantic Coast Line RailroadSupreme Court of South Carolina · 1927
- Driggers v. Atlantic Coast Line R.Supreme Court of South Carolina · 1928