Miller v. Seaboard Air Line Ry.
Supreme Court of South Carolina
Before Ernest Gary, J., Richland, May, 1913. Action by J. Q. Miller against Seaboard Air Line Railway. Plaintiff appeals. 1 T'homp. on Neg., sec. 968; 61 S. C. 558; 67 S. C. 508; 82 S. C. 324. 67 S. C. 499; 68 S. C. 483; 72 S. C. 389; 82 S. C. 321; 75 S. C. 292; 86 S. C. 106 ; 90 S. C. 331.
1ConcurrenceJustice Woods
The defendant, railroad company, acquired by condemnation a right of way through plaintiff’s farm, and constructed its road so as to divide his tract of land into two parts. Nor the convenience of the plaintiff in using his lands, the defendant made for him a crossing, which was used by him and his employees for nearly ten years. The evidence on the part of the plaintiff tended to prove that his horse was injured by stepping on a spike which had been negligently driven into a plank on the crossing. In this action for damages'' for injury to the horse the Circuit Judge directed a verdict for…
2Cases cited6 opinions
- Baltimore & Ohio Southwestern Railroad v. SlaughterIndiana Supreme Court · 1906
- New York & New England Railroad v. Railroad CommissionersMassachusetts Supreme Judicial Court · 1894
- Kansas City & Emporia Railroad v. KregeloSupreme Court of Kansas · 1884
- Heath v. Texas & Pacific Railway Co.Supreme Court of Louisiana · 1885
- Kirk v. Kansas City, Shreveport & Gulf RailroadSupreme Court of Louisiana · 1899
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