Boyd v. Seaboard Air Line Ry.
Supreme Court of South Carolina
Before DanTzder, J., Kershaw, September, 1902. Action by Wm. E. Boyd- against Seaboard Air Line Ry. Erom judgment for plaintiff, defendant appeals.
Read the full summary
Before DanTzder, J., Kershaw, September, 1902. Action by Wm. E. Boyd- against Seaboard Air Line Ry. Erom judgment for plaintiff, defendant appeals. Mr. Lyles cites: In absence of proof, railroad will be presumed to have complied with Code, 1902, 212J: 26 S. C., 49. Failing to prove negligence alleged, plaintiff should have been nonsuited: Fell v. R. R., 83 S. C.; Brown v. R. R., 57 S. C. There being no evidence of wantonness, error to refuse to charge that jury could not give punitive damages: 61 S. C., 170; 65 S. C., 440, 510, 490. cite: As to allegations of punitive damages: 61 S. C., 170;…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Jones.
The plaintiff, a section master of the defendant company, while returning on a hand car to his home at Bethune, on November 8, 1900, was overrun by a wild freight car of defendant, which had escaped from the siding- at Cassett, on the main line, and thereby sustained serious personal injuries, for which this action was brought. The jury rendered a verdict in favor of plaintiff for $22,000; but, in consequence of an order for a new trial nisi, the plaintiff remitted from the verdict so as to reduce it to $10,000, for which judgment was…
2Cases cited2 opinions
- Proctor v. Southern Ry.Supreme Court of South Carolina · 1901
- Watts v. South Bound R. R.Supreme Court of South Carolina · 1901
3Cited by1 opinion
- Webb v. Atlantic Coast Line R. R.Supreme Court of South Carolina · 1907