Brasington v. South Bound R. R.
Supreme Court of South Carolina
Before Townsend, J., Richland, March,’1900. Action by James R. Brasington against South Bound Railroad Company. From judgment for plaintiff, defendant appeals. cites: As to pleading municipal ordinances: 34 S. C., 541; 1 Dill. Mun. Corp., 4 ed., sec. 346; 54 S. C., 496; 15 Ency. P. & P., 424; 1 Elliott on R. R., sec. 1698. No court except of the city can take judicial notice of ordinances: 15 Ency.
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Before Townsend, J., Richland, March,’1900. Action by James R. Brasington against South Bound Railroad Company. From judgment for plaintiff, defendant appeals. cites: As to pleading municipal ordinances: 34 S. C., 541; 1 Dill. Mun. Corp., 4 ed., sec. 346; 54 S. C., 496; 15 Ency. P. & P., 424; 1 Elliott on R. R., sec. 1698. No court except of the city can take judicial notice of ordinances: 15 Ency. P. & P., 425, note 3; 48 Kan., 430; 12 Ency., 1 ed., 168; 17 Ency., 1 ed., 937. Gross negligence or recklessness as basis of punitive damages must be proved by preponderance of evidence: 60 S. C.,…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Gary.
The above entitled action was commenced on the 15th of March, 1900, for the recovery of damages for injuries alleged to have been sustained by the plaintiff, by falling into a cut excavated by the defendant in building its line of railway through the city of Columbia, at the point where said line crosses Laurel street. The specifications of negligence are thus alleged in the complaint: “That the defendant did carelessly, wantonly, recklessly and negligently, and in disregard of the provisions of said ordinance and of the duty which it…
2Cited by13 opinions
- Cragg v. Los Angeles Trust Co.California Supreme Court · 1908
- Jaquith v. WordenWashington Supreme Court · 1913
- Beaudrot v. Southern Ry.Supreme Court of South Carolina · 1904
- Martin v. SheaCalifornia Supreme Court · 1920
- Clay v. Texas-Arizona Motor Freight, Inc.New Mexico Supreme Court · 1945
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