Legal Opinion

Aaron v. Southern Ry.

Supreme Court of South Carolina

Decided January 18, 1904PublishedCited by 8 opinions

Before Hon. J. E. McDonald, special Judge, Barnwell, May, 1903. Action by J. R. Aaron against Southern Railway. Plaintiff appeals from order of nonsuit. cite: Not an action for punitive damages alone: 56 S. C., 35; Code, 180, 190. As to rights of passenger and as to expeditious passage: 60 S. C., 58; 53 S. C., 213; 64 S. C., 424; 13 Am.

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Before Hon. J. E. McDonald, special Judge, Barnwell, May, 1903. Action by J. R. Aaron against Southern Railway. Plaintiff appeals from order of nonsuit. cite: Not an action for punitive damages alone: 56 S. C., 35; Code, 180, 190. As to rights of passenger and as to expeditious passage: 60 S. C., 58; 53 S. C., 213; 64 S. C., 424; 13 Am. R., 100; 31 N. Y., 661; 17 N. Y., 369; 47 Mich., 281; 32 R. R. A., 543. Bvidence shows plaintiff entitled to punitive damages for wilful tort: Woods Mayne on Dam., 59; 34 S. C., 324; 35 S. C., 475, 493; 62 S. C., 325. Also entitled for mental suffering and…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Woods.

This is an appeal from an order of nonsuit. The complaint alleged in substance, that plaintiff, on January 17th, 1903, purchased a ticket over the defendant’s road from Augusta, Ga., to Barnwell, S. C., and took a train leaving Augusta at six o’clock P. M., relying on the'assurance of the defendant’s agent that it would arrive in Barnwell at about nine o’clock on the same day; that the train on reaching Blackville, only ten miles from Barn-well, was held there six or seven hours, so- that plaintiff, who was anxious to get tO' his home…

2Cases cited3 opinions

  1. Lewis v. Western Union Telegraph Co.Supreme Court of South Carolina · 1900
  2. Fort v. Southern Ry.Supreme Court of South Carolina · 1902
  3. Tutt v. Port Royal & Augusta Railway Co.Supreme Court of South Carolina · 1888

3Cited by8 opinions

  1. Crosby v. Seaboard Air Line Ry.Supreme Court of South Carolina · 1908
  2. Galloway v. General Motors Acceptance CorporationCourt of Appeals for the Fourth Circuit · 1939
  3. Thorpe v. ClantonArizona Supreme Court · 1906
  4. Black v. Charleston & Western Car. Ry. Co.Supreme Court of South Carolina · 1910
  5. Llewellyn v. Atlantic Greyhound Corp.Supreme Court of South Carolina · 1944

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