Legal Opinion

Taber v. Seaboard Air Line Ry.

Supreme Court of South Carolina

Decided September 11, 1908No. 7016PublishedCited by 13 opinions

Before Krugi-i, J., Richland, December, 1907. Action by Louisa B. Taber against Seaboard Air Line Railway. From judgment for plaintiff, defendant appeals. cite: Plaintiff should have been required to elect upon zvhich cause of action he would go to trial: 37 S-. C., 55; 38 S. C., 487; 42 S. C., 114. New trial should have been granted because action was tried on several causes of action and there zvas no evidence in support of one: 5 Fncy.

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Before Krugi-i, J., Richland, December, 1907. Action by Louisa B. Taber against Seaboard Air Line Railway. From judgment for plaintiff, defendant appeals. cite: Plaintiff should have been required to elect upon zvhich cause of action he would go to trial: 37 S-. C., 55; 38 S. C., 487; 42 S. C., 114. New trial should have been granted because action was tried on several causes of action and there zvas no evidence in support of one: 5 Fncy. P. & P., 338; 73 S. C., 192; 63 S. C., 467. cite: The complaint states a cause of action for tort and not on contract: 70 S. C., 87; 79 S. C., 162; 71 §. C„…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Joni;s.

The plaintiff, as passenger, recovered judgment against defendant, as carrier, for $2,791.75, as damages for personal injuries alleged to have resulted from defendant’s negligent and wilful misconduct, in particulars which will hereafter more fully appear.

The defendant’s exceptions to this judgment raise questions which will now be considered in connection with the relevant facts.

1 1. The Circuit Court did not err in refusing to require plaintiff to elect on which cause of action she would proceed. The contention is that the…

2Cases cited5 opinions

  1. Schumpert v. Southern Ry.Supreme Court of South Carolina · 1903
  2. Rucker v. SmokeSupreme Court of South Carolina · 1892
  3. Miller v. Southern Ry.Supreme Court of South Carolina · 1904
  4. Rountree v. Atlantic Coast Line R. R.Supreme Court of South Carolina · 1906
  5. Quinn v. South Carolina Railway Co.Supreme Court of South Carolina · 1888

3Cited by13 opinions

  1. Ford v. Atlantic Coast Line R. Co.Supreme Court of South Carolina · 1932
  2. Padgett v. Colonial Wholesale Distributing Co.Supreme Court of South Carolina · 1958
  3. Jones v. Atlantic Coast Line R.Supreme Court of South Carolina · 1916
  4. Spaugh v. A.C.L. Railroad Co.Supreme Court of South Carolina · 1930
  5. Bing v. Atlantic Coast Line R. R.Supreme Court of South Carolina · 1910

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