Dobson v. Receivers of S. A. L. Ry.
Supreme Court of South Carolina
Before Memmingpr, J., Barnwell,. December, 1910. Action by Julia Dobson and Joe Dobson against E. C. Duncan, R. Lancaster Williams and S. Davies Warfield, as receivers of the Seaboard Air Line Railway. Defendants appeal. Messrs.
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Before Memmingpr, J., Barnwell,. December, 1910. Action by Julia Dobson and Joe Dobson against E. C. Duncan, R. Lancaster Williams and S. Davies Warfield, as receivers of the Seaboard Air Line Railway. Defendants appeal. Messrs. Lyles & Lyles cite: It is negligence to alight from a train in rapid motion: 82 S. C., 314. Passenger is under ordinary care to prevent injury to himself: 41 S. C. 415; 58 S. C. 491; 72 S. C. 336; 8 S. C. 100; 46 S. C. 302; 56 S. C. 91; 80 S. C. 4; 82 S. C. 311; 15 S. C. 443; 20 S. C. 258; 63 S. C. 494; 84 S. C. 568; 20 S. C. 219; 5 At. 855. Judge may instruct jury as…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Hydrick.
Respondent recovered judgment on circuit for damages for personal injury sustained while alighting from a moving train. Her testimony tended to show that she bought a ticket at Olar, a station on defendant’s road, and got aboard the train as a passenger to Ulmers, another station on the same road; that the train did not stop at Ulmers long enough for her to get off; that after the train had started, and while it was moving pretty fast, the train porter urged her to get off; that he kept saying to her “get off,” “get off;” that, in…
2Cases cited10 opinions
- McKee v. TourtellotteMassachusetts Supreme Judicial Court · 1896
- Doolittle v. Southern Ry.Supreme Court of South Carolina · 1901
- Stephens v. Southern RailwaySupreme Court of South Carolina · 1902
- Creech v. Char. & West. Car. Ry.Supreme Court of South Carolina · 1903
- Calkins v. City of SpringfieldMassachusetts Supreme Judicial Court · 1896
5 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Settlemeyer v. Southern RailwaySupreme Court of South Carolina · 1914