Stone v. Atlantic Coast Line R. R.
Supreme Court of South Carolina
Before Gage, J., Richland, Action by Roberta C. Stone against Atlantic Coast Line Railroad Company, Tindal and J. C. McDaniel.
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Before Gage, J., Richland, Action by Roberta C. Stone against Atlantic Coast Line Railroad Company, Tindal and J. C. McDaniel. Defendants appeal. cite: Leading questions: Jones on Ev., secs. 372, 381; 85 S. C. 103. Declarations of servant as to negligence after accident is not binding on master: Jones on Ev., sec. 164; 1 Labatt 416, 192-3; 3 Elliott, sec. 1292; 107 U. S. 454. Stone was guilty of contributory negligence: 77 S. E. 869; 89 S. C. 23; 85 S. C. 471; 70 S. C. 242; 82 S. C. 548; 20 Ency. 105; 85 S. C. 525; 1 Labatt, sec. 365; 53 So. 550; 19 S. W. 936; 125 S. W. 530; 103 S. W. 424; 92…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Hydrick.
Plaintiff recovered judgment against the defendants for twenty thousand dollars damages for the death of her intestate, Samuel B. Stone, which is alleged to have been caused by the joint and concurrent negligence of the defendants. Stone was a car repairer, working in the yard and under the rules of the defendant railroad company, though he was working for another railroad company.
Rules 26 and 989, under which Stone was working, read as follows:
“Rule 26. A blue flag by day and a blue light by night, displayed at one or both ends of…
2Cases cited6 opinions
- Trimmier v. Atlanta & Charlotte Air Line Ry.Supreme Court of South Carolina · 1908
- Stephens v. Southern RailwaySupreme Court of South Carolina · 1902
- Mills v. Atlantic Coast Line R. R.Supreme Court of South Carolina · 1910
- Bouchillon v. Charleston & Western Carolina Railway Co.Supreme Court of South Carolina · 1911
- Pinckney v. Atlantic Coast Line R. R.Supreme Court of South Carolina · 1911
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Hutto v. Southern Railway Co.Supreme Court of South Carolina · 1915
- Harrison v. Southern Bell Telephone & Telegraph Co.Supreme Court of South Carolina · 1915
- Kelly v. Columbia Ry., Gas & Electric Co.Supreme Court of South Carolina · 1915
- Campbell v. Thayer Mfg. Co.Supreme Court of South Carolina · 1925
- Cato v. Atlanta & C. A. L. Ry. Co.Supreme Court of South Carolina · 1931
1 more not listed; retrieve them via the Exa API.