Legal Opinion

Craig v. Augusta-Aiken Railway Co.

Supreme Court of South Carolina

Decided October 26, 1912No. 8347PublishedCited by 5 opinions

Before Shipp, J., Aiken, Fall term, 1911. Action by M. C. Craig against Augusta-Aiken Railway Company. Defendant appeals on the following exceptions: 1. “The' presiding Judge erred in charging the jury as follows: Tt is the duty of the railroad company to look out for people on its track and if the company discovers a person on its track, it is the duty of the people in charge of that car, to use the highest degree of care, to use every available means in their power to stop…

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Before Shipp, J., Aiken, Fall term, 1911. Action by M. C. Craig against Augusta-Aiken Railway Company. Defendant appeals on the following exceptions: 1. “The' presiding Judge erred in charging the jury as follows: Tt is the duty of the railroad company to look out for people on its track and if the company discovers a person on its track, it is the duty of the people in charge of that car, to use the highest degree of care, to use every available means in their power to stop the car to prevent the taking of human life, if they can do so without endangering other passengers on their car.’ The…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Woods.

The pleadings and issues involved in this cause are set out in the opinion of the Chief Justice in the former appeal, 89 S. C. 161. It is enough to say here that plaintiff became a passenger on defendant’s car at Augusta intending to get off at Langley, that on account of his drunkenness and outrageous behavior defendant’s agents ejected him from the car, and that sometime after-wards he was run over and injured by another car going in the opposite direction. The allegations upon which plaintiff based his charge of actionable…

2Cases cited1 opinion

  1. Sentell v. Southern Ry.Supreme Court of South Carolina · 1904

3Cited by5 opinions

  1. Kirkland v. Augusta-Aiken Ry. & Electric Corp.Supreme Court of South Carolina · 1914
  2. State v. MartinSupreme Court of South Carolina · 1922
  3. Webb v. Atlantic Coast Line R. Co.Supreme Court of South Carolina · 1916
  4. Key v. Carolina & N. W. Ry. Co.Supreme Court of South Carolina · 1931
  5. Sharpe v. Southern Ry. Co.Supreme Court of South Carolina · 1923

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