Legal Opinion

Stembridge v. Southern Ry.

Supreme Court of South Carolina

Decided March 25, 1903PublishedCited by 7 opinions

Before Buchanan, J., Edgefield, March, 1903. Action by H. H. Stembridge against Southern Railway, From judgment for plaintiff, defendant appeals. cite: As to electing between actual and punitive damages: Code of Proc., 186a; 57 S. C., 234; 55 S. C., 96; 58 S. C., 226; 61 S. C., 184; 60 S. C., 48; 63 S. C., 363; 64 S. C., 104, 389, 491. Two causes of action are stated: 38 S. C., 485;. Pom.

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Before Buchanan, J., Edgefield, March, 1903. Action by H. H. Stembridge against Southern Railway, From judgment for plaintiff, defendant appeals. cite: As to electing between actual and punitive damages: Code of Proc., 186a; 57 S. C., 234; 55 S. C., 96; 58 S. C., 226; 61 S. C., 184; 60 S. C., 48; 63 S. C., 363; 64 S. C., 104, 389, 491. Two causes of action are stated: 38 S. C., 485;. Pom. R. R., sec. 456; 61 S. C., 184; 64 S. C., 494. As to evidence of Dr, Butler: 61 S. C., 318. There being no evidence of zvilfulness; that cause of action should have been nonsuited: 54 S. C., 507; 61 S. C.,…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Jones.

The plaintiff brought this action to recover damages for personal injuries alleged to have been sustained by him, while a passenger on defendant’s mixed freight and passenger train, in a wreck thereof on the 15th day of May, 1902, near Lena, Hampton County. This appeal comes from a judgment on verdict for $1,000 in favor of plaintiff.

1 1. The first exception alleges error in refusing defendant’s motion to require plaintiff to elect upon which cause of action stated in the complaint he would proceed to trial, whether on the one for…

2Cases cited2 opinions

  1. Doolittle v. Southern Ry.Supreme Court of South Carolina · 1901
  2. Steele v. Southern Ry.Supreme Court of South Carolina · 1899

3Cited by7 opinions

  1. Ford v. Atlantic Coast Line R. Co.Supreme Court of South Carolina · 1932
  2. MacHen v. Western Union Tel. Co.Supreme Court of South Carolina · 1905
  3. Anderson v. South Carolina & Georgia R. R.Supreme Court of South Carolina · 1907
  4. Glenn v. Western Union Tel. Co.Supreme Court of South Carolina · 1909
  5. Brice v. Southern Ry.Supreme Court of South Carolina · 1910

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