Legal Opinion

Brown v. Southern Ry. Co.

Supreme Court of South Carolina

Decided March 7, 1918No. 9916PublishedCited by 15 opinions

Before Seasií, J., Spartanburg, Spring term, 1917. Action by John H. Brown, as administrator of Fred. C Tuck, deceased, against the Southern Railway Company and others. From judgment for plaintiff, defendants appeal. cite: As to the rights of the defendant, city, to amend its answer: 96 S. C. 300; 42 N. E. 703; Dillon Mun. Corp., sec. 1037; 49 Atl. 257. As to the refusal of the motion for a severance: Code of Civ.

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Before Seasií, J., Spartanburg, Spring term, 1917. Action by John H. Brown, as administrator of Fred. C Tuck, deceased, against the Southern Railway Company and others. From judgment for plaintiff, defendants appeal. cite: As to the rights of the defendant, city, to amend its answer: 96 S. C. 300; 42 N. E. 703; Dillon Mun. Corp., sec. 1037; 49 Atl. 257. As to the refusal of the motion for a severance: Code of Civ. Procedure, sec. 318. As to the refusal of the motion for a nonsuit by the city of Spartanburg: 80 S. C. 118; 36 Cyc. 1180; 36 Cyc. 1212; 2 Black U. S. Daw Ed., Book 17, p. 298; 4…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Gage.

Action against the Southern Railway Company and its lessors and the city of Spartanburg for a joint tort to the person of one Fred. V. Tuck; verdict for the plaintiff for $6,000; appeal by the defendants.

The trial Court was beset with difficulties on every hand;' the plaintiff proffered 22 requests to charge, the railway companies had 26 requests, and the city sent up 25 requests. And here the railway companies have made 25 exceptions, and the city has made 33 exceptions. Fortunately the railroad .company has argued only five…

2Cases cited1 opinion

  1. Leitzsey v. Columbia Water Power Co.Supreme Court of South Carolina · 1896

3Cited by15 opinions

  1. Town of Winnsboro v. Wiedeman-Singleton, Inc.Court of Appeals of South Carolina · 1990
  2. Jenkins v. Southern Railway Co.Supreme Court of South Carolina · 1924
  3. Miller v. Atlantic Coast Line RailroadSupreme Court of South Carolina · 1926
  4. Peagler v. Atlantic Coast Line RailroadSupreme Court of South Carolina · 1959
  5. Gantt v. Columbia Coca-Cola Bottling Co.Supreme Court of South Carolina · 1940

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