Legal Opinion

Carlton v. Southern Railway

Supreme Court of South Carolina

Decided January 10, 1913No. 8405PublishedCited by 1 opinion

Before Sease, J., Abbeville, Action by B. IT. Carlton against Southern Railway. Defendant appeals. cite: Defendant having acquired no franchise to operate the road in question is not liable under the rule of principal and agent: 25 S. C. 221; 28 S. C. 404; 41 S. C. 415; 63 S. C. 370; 73 S. C. 574; 75 S. C. 170; 79 S. C. 275; 44 L. R. A. 753; 32 Am. R. 632. cites: On same point.

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Before Sease, J., Abbeville, Action by B. IT. Carlton against Southern Railway. Defendant appeals. cite: Defendant having acquired no franchise to operate the road in question is not liable under the rule of principal and agent: 25 S. C. 221; 28 S. C. 404; 41 S. C. 415; 63 S. C. 370; 73 S. C. 574; 75 S. C. 170; 79 S. C. 275; 44 L. R. A. 753; 32 Am. R. 632. cites: On same point. In addition to citations above: 60 S. E. 668; 43 S. C. 197; 74 S. C. 332; 26 S. C. 258; 39 S. C. 55; 55 S. C. 152. cites: Engine and cars bearing name “Southern” carries case to jury: 63 S. C. 97. Where party fails to…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Watts.

This was an action for damages brought by plaintiff against the defendant caused by a collision at a railroad crossing of plaintiff’s automobile and an engine and box cars of the defendant company. The answer of defendant set up as a defense to plaintiff’s alleged cause of action that the line of railroad upon which the plaintiff’s claim of damages occurred is not under the control of the defendant, but is being run and operated by the Ware Shoals Railroad Company, a corporation entirely separate from and independent of the defendant.…

2Cases cited2 opinions

  1. Harmon v. Columbia & Greenville RailroadSupreme Court of South Carolina · 1888
  2. Bush v. Southern Ry.Supreme Court of South Carolina · 1902

3Cited by1 opinion

  1. Seay v. Southern Ry. Co.Supreme Court of South Carolina · 1946

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