McKenzie v. Southern Railway Co.
Supreme Court of South Carolina
Action by Daniel L. McKenzie, as. administrator of the estate of Mrs. Belle Phillips, deceased, against the Southern Railway Company and others.
Read the full summary
Action by Daniel L. McKenzie, as. administrator of the estate of Mrs. Belle Phillips, deceased, against the Southern Railway Company and others. Erom a judgment for plaintiff against the named defendant, it appeals. cite: As to the liability of joint tort-feasors: 1 Jaggard on Torts, pp. 213-212-213-215; 1 Cooley on Torts, pp.'223-4; 93 U. S. 302; 23 L. Ed. 863; 2 Cliff 196; 3 Wall. 1970 (U. S. XVIII 134; 2 Sum. 348; 38 N. Y. 261; 95 U. S. 347; 24 L. Ed. 596. A verdict against only one of two defendants, and silence as to the other is equivalent to a verdict for such other defendant: 97 Neb.…
1Opinion of the Court
The opinion of the Court was delivered by This is an action for damages on account of injuries sustained by plaintiff's intestate from which she died, as the result of the wrongful acts of the defendants.
Plaintiff's intestate was a passenger in an automobile owned by the defendants, Holler Hailey, which came in collision with the train of the defendant, Southern Railway Company, at a railroad crossing.
The case was tried four times. On the first and second trials the jury failed to agree upon a verdict. On the third trial the jury rendered the following verdict: "We find for the plaintiff…
2Cases cited1 opinion
- Cartin v. South Bound RailroadSupreme Court of South Carolina · 1895
3Cited by7 opinions
- Pendleton v. Columbia Ry., G. E. Co.Supreme Court of South Carolina · 1926
- Pendleton v. Columbia Railway, Gas & Electric Co.Supreme Court of South Carolina · 1925
- Fennell v. WoodwardSupreme Court of South Carolina · 1927
- Forrest v. Southern Ry. Co.District Court, W.D. South Carolina · 1937
- Martin v. HinesSupreme Court of South Carolina · 1929
2 more not listed; retrieve them via the Exa API.