Montgomery v. Seaboard Air Line Ry.
Supreme Court of South Carolina
Before Prince, J., Kershaw, April term, 1905. Action by W. C. Montgomery against Seaboard Air Line Railway. From judgment for plaintiff, defendant appeals. The former cite: Gerieral denial raises issue of corporate capacity : Eng. & Amer.
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Before Prince, J., Kershaw, April term, 1905. Action by W. C. Montgomery against Seaboard Air Line Railway. From judgment for plaintiff, defendant appeals. The former cite: Gerieral denial raises issue of corporate capacity : Eng. & Amer. Corp., 634; 21 S. C., 28; Bliss on Code Plead., secs. 248, 250, 260; 8 S. C., Ill; 25 S. C., 315; 31 S. C., 309; 43 S. C., 17. Fee. 15, art. IX., Con. of 1895, contravenes 14th amendmeiü of U. S. Constitution: 165 U. S., 150; 63 S. C., 180; 184 U. S., 340. Assumption of risk may be proved under general denial: 21 S. C., 547; 48 L. R. A., 75; 100 U. S., 213;…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Jones.
In this action plaintiff sued for damages for personal injuries and recovered judgment, from which defendant appeals on exceptions presenting the questions which we now consider.
1 1. The complaint alleged that the defendant Seaboard Air Tine Railway is a corporation duly created and existing under the laws of this State. The defendant appeared and answered to the merits by a general denial. Plaintiff having closed his case, without offering any proof of the' defendant’s incorporation,, a motion for nonsuit was made on that ground and…
2Cases cited8 opinions
- Bodie v. Charleston & Western Carolina Ry. Co.Supreme Court of South Carolina · 1901
- Cooper v. Portner Brewing Co.Supreme Court of Georgia · 1901
- Wilson v. Charleston & Savannah Ry.Supreme Court of South Carolina · 1897
- Latimer v. York Cotton MillsSupreme Court of South Carolina · 1903
- Barksdale v. Charleston & Western Carolina Ry. Co.Supreme Court of South Carolina · 1903
3 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Atlantic Coast Line Railroad v. BeazleySupreme Court of Florida · 1907
- Panama R. v. JohnsonCourt of Appeals for the Second Circuit · 1923
- Bank of Enoree v. YarboroughSupreme Court of South Carolina · 1922
- Swofford Bros. Dry Goods Co. v. OwenSupreme Court of Oklahoma · 1913
- Stogner v. Great Atlantic & Pacific Tea Co.Supreme Court of South Carolina · 1937
8 more not listed; retrieve them via the Exa API.