Mitchell v. Augusta & Aiken Ry. Co.
Supreme Court of South Carolina
Before Sease, J., Aiken, April, 1910. Action by J. D. Mitdhell against the Augusta and Aiken Railway Company in magistrate court. From judgment of Circuit Court affirming judgment of Magistrate J. M. Merchant, defendant appeals. cite: No duty to stop at ñag station unless ñagged: 73 S. C. MS; 9 Con. Dig., sec. 1040. No duty to wait for belated passenger: 69 S. C. 445; 15 Gray, 34. Statement of Facts.
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Before Sease, J., Aiken, April, 1910. Action by J. D. Mitdhell against the Augusta and Aiken Railway Company in magistrate court. From judgment of Circuit Court affirming judgment of Magistrate J. M. Merchant, defendant appeals. cite: No duty to stop at ñag station unless ñagged: 73 S. C. MS; 9 Con. Dig., sec. 1040. No duty to wait for belated passenger: 69 S. C. 445; 15 Gray, 34. Statement of Facts. This is an appeal from an order of the Circuit Court, affirming the judgment rendered by a magistrate, in favor of the plaintiff for one hundred dollars. The complaint (omitting the formal…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Gary,
after stating the facts. The first question that will be considered is, whether there was error in overruling the demurrer, on the ground that the car of the defendant arrived at the alleged station and passed it, before the plaintiff reached the same.
1 Our construction of the complaint is, that it did not intend to allege, that the car had passed the station, but simply that it had proceeded thirteen yards beyond the point, where the word “station” was written. The testimony explanatory of the surroundings, shows that the station was…
2Cases cited2 opinions
- Pickett v. Southern Ry.Supreme Court of South Carolina · 1904
- Creech v. Char. & West. Car. Ry.Supreme Court of South Carolina · 1903
3Cited by4 opinions
- Horne v. Southern Railway CompanySupreme Court of South Carolina · 1938
- Palmer v. Willamette Val. S. Ry. Co.Oregon Supreme Court · 1918
- Davis v. KirklenCourt of Appeals of Texas · 1923
- Davis v. KirklenCourt of Appeals of Texas · 1923