Fletcher v. South Carolina & Georgia Extension R. R.
Supreme Court of South Carolina
Before Aldrich, J., Kershaw, fall term, 1899. Action by D. R. Fletcher against South Carolina and Georgia Extension Railroad Company. Defendant appeals. The latter cites: The doctrine of comparative negligence has never been recognised in this State: 4 Am. St. R., 379; 56 S. C., 95; 32 Am. St. R., 18. The R. R. is not held to a stricter account than persons crossing its tracks: 56 SC., 95; 56 Am.
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Before Aldrich, J., Kershaw, fall term, 1899. Action by D. R. Fletcher against South Carolina and Georgia Extension Railroad Company. Defendant appeals. The latter cites: The doctrine of comparative negligence has never been recognised in this State: 4 Am. St. R., 379; 56 S. C., 95; 32 Am. St. R., 18. The R. R. is not held to a stricter account than persons crossing its tracks: 56 SC., 95; 56 Am. R., 242. Plaintiff cannot maintain this action after condition broken of bill of sale executed by him: 48 S. C., 406; 45 Am. Dec., 446; 13 N. Y., 565. Judge cannot say what facts constitute…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Pope.
Plaintiff’s mule was killed, his wagon demolished and his horse injured by the defendant’s locomotive, at Welch’s crossing, on defendant’s railroad, in Kershaw County, S. C., on the 13th July/1899. Plaintiff sued for such injuries, claiming in his cause of action $300, as compensatory damages,- and $100 vindictive damages as his second cause of action. Case was heard by his Flonor, Judge Aldrich, and a jury at the fall term, 1899, of the Court of Common Pleas for said county. The verdict awarded *207plaintiff was for $280. After judgment,…
2Cited by11 opinions
- Jones v. Atlanta-Charlotte Air Line R. Co.Supreme Court of South Carolina · 1951
- Seay v. Southern Ry. &8212 Carolina DivisionSupreme Court of South Carolina · 1944
- Melton v. Atlantic Coast Line R. Co.Supreme Court of South Carolina · 1943
- Rock v. Atlantic Coast Line R. Co.Supreme Court of South Carolina · 1952
- Thompson v. RailwaySupreme Court of South Carolina · 1908
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