Cable Piano Co. v. Southern Ry.
Supreme Court of South Carolina
Before Sease, J., Abbeville, March term, 1913. Action by Cable Piano Company against Southern Railway Company. Defendant appeals. Evidence as to settlement should have been excluded before argument on it: 1 Elliott 340'; 50 S. E. 478; 75 S. E. 541. Contributory negligence of plaintiff relieves defendant: 53 Am. R. 619; 63 S. E. 306; 41 S. E. 464. Meaning of gross negligence: 18 S. E. 178; 80 Am.
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Before Sease, J., Abbeville, March term, 1913. Action by Cable Piano Company against Southern Railway Company. Defendant appeals. Evidence as to settlement should have been excluded before argument on it: 1 Elliott 340'; 50 S. E. 478; 75 S. E. 541. Contributory negligence of plaintiff relieves defendant: 53 Am. R. 619; 63 S. E. 306; 41 S. E. 464. Meaning of gross negligence: 18 S. E. 178; 80 Am. St. R. 158; 39 Cyc. 433. An objection stating no ground is bad: 53 S. C. 77; 87 S. C. 331; 90 S. C. 513; 91 S. C. 507. Bringing out evidence of cross-examination cures error in bringing it out on…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Hydricic.
1 This is an appeal from a judgment recovered by plaintiff against defendant for damages to plaintiff’s property, caused by collision with defendant’s engine and cars on a highway crossing. Will Rucker, a negro youth about twenty years of age, was driving plaintiff’s team, drawing a covered piano wagon along a highway which ran close to and parallel with the railroad for three-quarters of a mile or more, and then turned abruptly across the track, the distance from the turn in the highway to the crossing 'being from twenty to>…
2Cases cited14 opinions
- Rookard v. Atlantic & Charlotte Air Line Ry. Co.Supreme Court of South Carolina · 1909
- Drawdy v. Atlantic Coast Line RailroadSupreme Court of South Carolina · 1907
- Edwards v. Southern Ry.Supreme Court of South Carolina · 1902
- Osteen v. Southern Ry.Supreme Court of South Carolina · 1907
- Strother v. So. Ca. & Ga. R. R.Supreme Court of South Carolina · 1896
9 more not listed; retrieve them via the Exa API.
3Cited by43 opinions
- Chisolm v. Seaboard Air Line Ry.Supreme Court of South Carolina · 1922
- State v. BRITTSupreme Court of South Carolina · 1959
- Ford v. Atlantic Coast Line R. Co.Supreme Court of South Carolina · 1932
- Robison v. Atl. Coast Line R. Co.Supreme Court of South Carolina · 1936
- Callison v. Charleston & W. C. Ry. Co.Supreme Court of South Carolina · 1916
38 more not listed; retrieve them via the Exa API.