Dingle v. Northwestern R. Co. of S.C.
Supreme Court of South Carolina
Before Townsend, J., Clarendon, Spring term, 1918. Action by Jasper Dingle against the Northwestern Railroad Company of South Carolina.
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Before Townsend, J., Clarendon, Spring term, 1918. Action by Jasper Dingle against the Northwestern Railroad Company of South Carolina. Judgment for defendant, and plaintiff appeals. submits: The Circuit Judge having held that there was no evidence of negligence on the part of the defendant-respondent, the order appealed from is a legal one and the Supreme Court has jurisdiction: 107 S. C. 502. The doctrine of sudden peril excuses one from contributory negligence: 82 S. C. 75. The question of sudden peril is for the jury: 81 S. C. 339. A railroad engineer is required while driving his engine…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Fraser.
The plaintiff was walking on a path along the railroad track of the defendant company. The plaintiff alleges that while he was walking along this path, that had been used for many years, a train of the defendant came suddenly upon him; that he jumped out of the way and caught a limb to keep him away from the passing train; that the limb brokef and he fell against the train and was injured.
The case was tried in a magistrate’s Court. The jury found a verdict against the defendant. It appealed to the Circuit Court. The Circuit Court…
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