Legal Opinion

Birt v. Southern Ry.

Supreme Court of South Carolina

Decided November 11, 1910No. 7710PublishedCited by 5 opinions

Before Gruber, J., Barnwell, October, 1909. Action by J. M. Birt against Southern Railway Co. Plaintiff appeals from order of nonsuit. cites: Plaintiff had the right to have this case submitted to the jury on common law right of action: 81 S. C. 572; 16 S. C. 588; 2 Strob. 356. Plaintiff had the right to amend by changing the cause of action: 83 S. C. 557. cite: Defendant was entitled to nonsuit on failure to prove negligence: 41 S. C. 86; 158 U. S'. 285; 10 S. E. 352; 57…

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Before Gruber, J., Barnwell, October, 1909. Action by J. M. Birt against Southern Railway Co. Plaintiff appeals from order of nonsuit. cites: Plaintiff had the right to have this case submitted to the jury on common law right of action: 81 S. C. 572; 16 S. C. 588; 2 Strob. 356. Plaintiff had the right to amend by changing the cause of action: 83 S. C. 557. cite: Defendant was entitled to nonsuit on failure to prove negligence: 41 S. C. 86; 158 U. S'. 285; 10 S. E. 352; 57 Pac. 938; 59 N. E. 211; 95 E. 305; 133 Eed. 1009; 142 Fed. 176.

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Hydrick.

1 When there is testimony tending to show damage to property caused by fire communicated by a railroad engine, it is error to grant nonsuit on the ground that there is no evidence oí negligence; in such cases, a prima facie presumption of negligence arises which casts the burden on the railroad corporation to show that its engine was constructed, equipped, and managed with due care. Hutto v. Ry., 81 S. C. 567, 62 S. E. 835, and cases cited.

2 Á complaint which alleges that such fire was negligently set out may be amended during…

2Cases cited1 opinion

  1. Hutto v. Seaboard Air Line Ry.Supreme Court of South Carolina · 1908

3Cited by5 opinions

  1. Ford v. Atlantic Coast Line R. Co.Supreme Court of South Carolina · 1932
  2. Koennecke v. Seaboard Air Line RailwaySupreme Court of South Carolina · 1915
  3. Mellette v. Atlantic Coast Line R. Co.Supreme Court of South Carolina · 1936
  4. Ford v. Atlantic Coast Line R.Supreme Court of South Carolina · 1932
  5. Loretto Literary & Benevolent Society v. GarciaNew Mexico Supreme Court · 1913

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