Dawkins v. Columbia Electric Street Ry. Co.
Supreme Court of South Carolina
Before Gary, J., Richland August, 1908. Two actions (1) by Anthony Dawkins and (2) by Mack Dawkins against Columbia Street Railway and Power Company and Atlantic Coast Dine Railroad Company. From order requiring defendant railroad company to amend its answer by making it more definite and certain, it appeals. cite: When is a motion to make more definite proper: Code of Proc., 181; Pom.
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Before Gary, J., Richland August, 1908. Two actions (1) by Anthony Dawkins and (2) by Mack Dawkins against Columbia Street Railway and Power Company and Atlantic Coast Dine Railroad Company. From order requiring defendant railroad company to amend its answer by making it more definite and certain, it appeals. cite: When is a motion to make more definite proper: Code of Proc., 181; Pom. Code Rem., 517; 65 S. C., 222; 68 S. C., 201; 74 S. C., 430; 81 S. C., 354: Merits are involved: 11 S. C., 132. Mr. Tompkins cites: Order is not now appealable: Code of Proc., 181; 11 Sub., 3; 42 S. C., 547; 52…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Gary.
These two actions were heard together, and the appeals involve the same question.
The complaints allege that the plaintiffs were passengers on a car of the defendant, the Columbia Electric Street Railway Light and Power Company, and were injured as the result of a collision with a train of cars on the track of the defendant, Atlantic Coast Line Railroad Company.
The allegations of the complaint relative to the giving of signals, and exercising precautions, are as follows:
“That said injuries, as aforesaid, were caused to the plaintiff, as…
2Cases cited1 opinion
- Pickett v. Fidelity & Casualty Co.Supreme Court of South Carolina · 1898
3Cited by3 opinions
- Pendleton v. Columbia Railway, Gas & Electric Co.Supreme Court of South Carolina · 1925
- Brogdon v. BrittonSupreme Court of South Carolina · 1948
- Thomas & Howard Co. v. FowlerSupreme Court of South Carolina · 1955