Sutton v. Southern Ry.
Supreme Court of South Carolina
Before Wilson, J., York, November term, 1907. Action by J. H. Sutton against Southern Railway Company and E. G. Whitlock. From judgment for plaintiff, defendant appeals.
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Before Wilson, J., York, November term, 1907. Action by J. H. Sutton against Southern Railway Company and E. G. Whitlock. From judgment for plaintiff, defendant appeals. Mr. McDonald cites: No proof showing liability: 21 Ency., 457; 2 Cool on Torts, 1410-20; 59 L. R. A., 209; 33 S. C., 199; 45 S. C., 278; 57 S. C„ 433; 76 S. C., 557; 34 S. C., 452; 43 S. R., 378; 157 Fed., 547; 21 S. C., 466; 34 S. C., 450; 29 S. C., 318. Mr. Hart cites: All facts inferable from an allegation are included in it: 62 S. C., 40; 70 S. C., 277. Proof of a collision is proof of negligence: 70 S. C., 277. If…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Jones.
The plaintiff recovered judgment against the defendants for $1,350, as damages for personal injuries alleged to have been sustained by reason of a rear-end collision between two of defendant’s trains at Pineville, N. C., on November 28, 1905, while plaintiff was a passenger on one of said trains.
The defendants made a motion to direct a verdict and a motion for new trial on the ground that there was no testimony to sustain the allegations of negligence set forth in the complaint, which motions were refused and these rulings are the…
2Cases cited11 opinions
- Jarrell v. Charleston & Western Carolina Ry.Supreme Court of South Carolina · 1900
- Doolittle v. Southern Ry.Supreme Court of South Carolina · 1901
- Steele v. Southern Ry.Supreme Court of South Carolina · 1899
- Anderson v. South Carolina & Georgia R. R.Supreme Court of South Carolina · 1907
- Spires v. South Bound RailroadSupreme Court of South Carolina · 1896
6 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- May Department Stores Co. v. BellCourt of Appeals for the Eighth Circuit · 1932
- Lawrence v. Southern Railway, Carolina Div.Supreme Court of South Carolina · 1933
- Brown v. FingerSupreme Court of South Carolina · 1962
- Deacon v. CommonwealthCourt of Appeals of Kentucky · 1915
- Lumpkin v. MankinSupreme Court of South Carolina · 1926
9 more not listed; retrieve them via the Exa API.