Legal Opinion

Appleby v. South Carolina & Georgia R. R.

Supreme Court of South Carolina

Decided March 28, 1901PublishedCited by 7 opinions

Before Gary, J., Charleston, April, 1900. Action for damages for personal injuries by Mary K. Appleby and Peter R., her husband, against South Carolina and Georgia Railroad Co. Prom judgment on verdict for plaintiffs, defendant appeals. cite: Under the decisions in South Carolina, compensatory and punitive damages constitute separate causes of action: 35 S. €., 47s; 37 S. C., 194; 57 S. C., 425..

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Before Gary, J., Charleston, April, 1900. Action for damages for personal injuries by Mary K. Appleby and Peter R., her husband, against South Carolina and Georgia Railroad Co. Prom judgment on verdict for plaintiffs, defendant appeals. cite: Under the decisions in South Carolina, compensatory and punitive damages constitute separate causes of action: 35 S. €., 47s; 37 S. C., 194; 57 S. C., 425.. Act of 1898 does not apply except where vindictive damages are properly claimed; here exemplary damages not alleged: 35 S. C., 381; 41 S. €., 86; 45 S. C., 278; 55 S. C., 483; 57 S. C., 433 i 75…

1Opinion of the Court

The opinion of the 'Court was delivered by

Mr. Justice Pope.

This action came on for trial before Judge Ernest Gary and a jury. The plaintiff, Mary K. Ap-pleby, has united with her 'her husband, Peter R. Appleby, “as required by law in such cases made and provided.” She demands a judgment against the defendant for $15,000. Her complaint, omitting the first article, alleging incorporation of defendant, is as follows:

'‘Second. That on the 24th day of December, 1898, the plaintiff above named, for a valuable consideration, purchased a first class ticket over the line of defendant company, for…

2Cited by7 opinions

  1. Beaudrot v. Southern Ry.Supreme Court of South Carolina · 1904
  2. Davenport v. WOODSIDE COTTON MILLS CO. INC.Supreme Court of South Carolina · 1954
  3. Cole v. Blue Ridge RailwaySupreme Court of South Carolina · 1906
  4. Sloan v. Seaboard & Roanoke Ry. Co.Supreme Court of South Carolina · 1902
  5. Kushner v. LegetteCourt of Appeals for the Fourth Circuit · 1964

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