Hutto v. Southern Railway Co.
Supreme Court of South Carolina
Before Spain, J., Lexington, February, 1914. Action by Murphy Hutto against Southern Railway Company and H. E. Thompson. From a judgment for plaintiff, defendant appeals.
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Before Spain, J., Lexington, February, 1914. Action by Murphy Hutto against Southern Railway Company and H. E. Thompson. From a judgment for plaintiff, defendant appeals. The facts are stated in the opinion. submit: Omission to give signals was not a proximate cause of plaintiff’s injury: 34 S. C. 450; 84 S. C. 137. The statute not intended for persons farming near track: 11 L. R. A. 353. Cases distinguished: 87 S. C. 325; 52 S. C. 328; 58 S. C. 74; 82 S. E. 45; 65 S. E. 214; 81 S, C. 338; 10 Ann. Cas. 294; 33 S. C. 139, and notes to 11 L. R. A. 352 in 2 L. R. A. Extra Annotations, p. 630.…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Hydrick.
Plaintiff was plowing in his field about fifty-five feet from defendant’s track, the rows ran parallel with the track. Along the end of the rows there was a neighborhood road which crossed the track. There was evidence tending to prove that the crossing was “a traveled place” within the meaning of the statute! Plaintiff drove out into the road and stopped, intending to quit work for the day and go to his house, which was on the same side of the railroad, about 200 yards from the crossing. He had taken hold of his horse’s bridle…
2Cases cited8 opinions
- Williams v. Chicago & Alton RailroadIllinois Supreme Court · 1891
- Clifford v. Southern Ry.Supreme Court of South Carolina · 1910
- Fowler v. RailwaySupreme Court of South Carolina · 1906
- Sims v. Southern Railway Co.Supreme Court of South Carolina · 1901
- Cooper v. Charleston & Western Car. Ry. Co.Supreme Court of South Carolina · 1903
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3Cited by5 opinions
- Rayfield Ex Rel. Estate of Rayfield v. South Carolina Department of CorrectionsCourt of Appeals of South Carolina · 1988
- Bell v. Atlantic Coast Line RailroadSupreme Court of South Carolina · 1943
- Williams v. Hill Manufacturing Co.District Court, D. South Carolina · 1980
- Russell Ex Rel. Estate of Wood v. City of ColumbiaCourt of Appeals of South Carolina · 1989
- Jay v. Northern Pacific Railway Co.Wisconsin Supreme Court · 1916