McDaniel v. Atlantic Coast Line R. R.
Supreme Court of South Carolina
Before Gary, J., Sumter, April, 1906. Action by Amanda McDaniel, as administratrix of David McDaniel against Atlantic Coast Dine R. R. Co. From judgment for plaintiff, defendant appeals. Messrs.
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Before Gary, J., Sumter, April, 1906. Action by Amanda McDaniel, as administratrix of David McDaniel against Atlantic Coast Dine R. R. Co. From judgment for plaintiff, defendant appeals. Messrs. Willcox & Willcox and Henry B. Davis cite: Order allowing amendment was appealable: Code, sec. II., subd. 1; 18 S. C., 315; 48 S. C., 564; 58 S. C., 466; 57 S. C., 502. Bifect of appeal on subsequent proceedings in the Court belozv: Code, 356, 346, 350, 351, 352, 353. After return filed in this Court it has exclusive jurisdiction: 53 S. C., 447; 52 S. C., .507; 40 S. C., 430; 31 S. C., 602; 53 S. C.,…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Gary.
This action for damages, alleged to have been sustained, in consequence of the negligent and reckless killing of plaintiff’s husband, by the derailment of a shifting engine, upon which he was employed in the capacity of switchman and coupler.
The complaint alleged that the deceased was riding on the foot-board of the engine, as it was running backwards, at a slow speed, about eight o’clock at night, on the main track in the Sumter yard, for the purpose of getting water; that when the engine reached a point about midway of the yard, it…
2Cases cited6 opinions
- Rhodes v. Southern Ry.Supreme Court of South Carolina · 1904
- Bonner v. Western Union Telegraph Co.Supreme Court of South Carolina · 1905
- Muckenfuss v. FishburneSupreme Court of South Carolina · 1903
- Hawkins v. WoodSupreme Court of South Carolina · 1901
- Muckenfuss v. FishburneSupreme Court of South Carolina · 1903
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Sumter Trust Co. v. HolmanSupreme Court of South Carolina · 1926
- Pinckney v. Winn-Dixie Stores, Inc.Court of Appeals of South Carolina · 1992
- Southern Nat'l Bank v. Farmington Corp.Supreme Court of South Carolina · 1914