Rosemand v. Southern Ry.
Supreme Court of South Carolina
Action by J. C. Rosemand against Southern Ry. From order of nonsuit, plaintiff appeals. cite: Courts will presume that common law prevails in.sister State: 6 Ency., 284. At common law, workman on a bridge gang is not a fellow-servant with servants on a train: 2 Kent, 633; 1 McM., 385; 39 S. C., 507; 51 S. C., 79. Different department rule: 18 L. R. A., 798, 811; 12 Ency., 972, 978; Con. 1895. Defendant cannot claim beneñt of fellow-servant exemption here: 51 S. C., 96, 222;…
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Action by J. C. Rosemand against Southern Ry. From order of nonsuit, plaintiff appeals. cite: Courts will presume that common law prevails in.sister State: 6 Ency., 284. At common law, workman on a bridge gang is not a fellow-servant with servants on a train: 2 Kent, 633; 1 McM., 385; 39 S. C., 507; 51 S. C., 79. Different department rule: 18 L. R. A., 798, 811; 12 Ency., 972, 978; Con. 1895. Defendant cannot claim beneñt of fellow-servant exemption here: 51 S. C., 96, 222; 53 S. C., 363; 55 S. C., 103; 61 S. C., 478; 52 S. C., 443; 20 Ency., 132, 134; 48 L. R. A., 745; Thomp. on Neg., 975;…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Gary.
Statement of facts. — The appeal herein is from an order of nonsuit. The action is for damages alleged to have been sustained by the plaintiff, at a point on defendant’s railroad near Toccoa, in the State of Georgia, while engaged in the occupation of flagging, through the negligence of the defendant. The complaint alleges substantially that on June 1st, 1900, the plaintiff was, and for three weeks preceding had been, in the employ of defendant and engaged in the repair of a trestle near Toccoa, Ga., under the orders and direction of…
2Cases cited4 opinions
- Wilson v. Charleston & Savannah Ry.Supreme Court of South Carolina · 1897
- Bridger v. Asheville & Spartanburg R. R.Supreme Court of South Carolina · 1887
- Jenkins v. Richmond &c. RailroadSupreme Court of South Carolina · 1893
- Sibley & Co. v. Young & NapierSupreme Court of South Carolina · 1887
3Cited by16 opinions
- Cantey, Adm'r v. Phila. Life Ins. Co.Supreme Court of South Carolina · 1932
- Crosby v. Seaboard Air Line Ry.Supreme Court of South Carolina · 1908
- Rauton v. the Pullman Co.Supreme Court of South Carolina · 1937
- Greenwood Cotton Mills v. TolbertSupreme Court of South Carolina · 1916
- Columbian B. & L. Ass'n v. RiceSupreme Court of South Carolina · 1904
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