Sloan v. Seaboard & Roanoke Ry. Co.
Supreme Court of South Carolina
Before Gage, J., Abbeville, February, 1902. Action by Thomas Sloan against Seaboard and Roanoke Railway Co., Raleigh and Gaston Railway Co., as lessees of the Georgia, Carolina and Northern Railway Co., and the latter company.
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Before Gage, J., Abbeville, February, 1902. Action by Thomas Sloan against Seaboard and Roanoke Railway Co., Raleigh and Gaston Railway Co., as lessees of the Georgia, Carolina and Northern Railway Co., and the latter company. From order sustaining in part demurrer, both parties appeal. cites : Error to sustain demurrer to part of complaint: 44 S. C., 143; 57 S. C., 502. Allegations as to defective appliances should not have been stricken out: Code, 1902, 186a; 58 S. C., 226; 57 S. C., 234; 61 S. C., i84;'6o S. C., 48; 55 S. C., 90; 56 S. €., 446. cites: Complaint must shozu that negligence…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Pope.
Both parties to this action being dissatisfied with the order made by his Honor, Judge Gage, in passing upon the demurrer interposed by the defendants to the complaint, that said complaint failed to state facts sufficient to constitute a cause of action, have appealed from said order. The complaint, so far as its first, second and third paragraphs are concerned, stated the residence of the plaintiff and the acts of incorporation of the defendant railways, the first two of whom are alleged to be controlling and operating the last, the…
2Cases cited1 opinion
- Appleby v. South Carolina & Georgia R. R.Supreme Court of South Carolina · 1901
3Cited by9 opinions
- Ford v. Atlantic Coast Line R. Co.Supreme Court of South Carolina · 1932
- Pendleton v. Columbia Ry., G. E. Co.Supreme Court of South Carolina · 1926
- Nance v. . Telegraph Co.Supreme Court of North Carolina · 1919
- Pendleton v. Columbia Railway, Gas & Electric Co.Supreme Court of South Carolina · 1925
- Fennell v. WoodwardSupreme Court of South Carolina · 1927
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