Legal Opinion

Smith v. Southern Ry.

Supreme Court of South Carolina

Decided April 11, 1908No. 6857PublishedCited by 3 opinions

Before Gage, J., Greenville, June Term, 1907. Action by C. C. Smith against Southern Railway Company and J. E. Lawson. From order permitting complaint amlended after sustaining demurrer, defendants appeal. cite: Plaintiff was guilty of contributory negligence and demurrer was remedy: 53 S'. C., 203; 58 S'. C., 491; 56 S. C., 93; 66 'S. C, 534; 69 S. C, 479; 46 S. E. R., 12; 5 A. & E, E. L., 667; 77 S. C., 370. Amendment should not ham been allotted: 64 S. C., 491; Code of…

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Before Gage, J., Greenville, June Term, 1907. Action by C. C. Smith against Southern Railway Company and J. E. Lawson. From order permitting complaint amlended after sustaining demurrer, defendants appeal. cite: Plaintiff was guilty of contributory negligence and demurrer was remedy: 53 S'. C., 203; 58 S'. C., 491; 56 S. C., 93; 66 'S. C, 534; 69 S. C, 479; 46 S. E. R., 12; 5 A. & E, E. L., 667; 77 S. C., 370. Amendment should not ham been allotted: 64 S. C., 491; Code of Broc., 194; 28 S. C., 449; 32 S’. C„ 145; 35 S. C., 3-6-6; 49 S. €., 518; 50 S. C., 398; 51 S'. C., 169; 58 S- C., 468; 68…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Jones.

The complaint was to recover damages of the defendant company and its conductor, Lawson, for personal injuries alleged to 'have been sustained by plaintiff at Belton, S’. C., on December 24, 1905, while attempting to alight from defendant railroad company's moving train after assisting his wife -and children on board, as the result of defendant’s negligence and wilfuhress in, (1) failing to furnish a sufficient number of cars to’ accommodate the passengers, (2) in failing to assist plaintiff’s wife and children to- board the train and…

2Cases cited5 opinions

  1. Jarrell v. Charleston & Western Carolina Ry.Supreme Court of South Carolina · 1900
  2. Cooper v. Georgia, Carolina & Northern Ry. Co.Supreme Court of South Carolina · 1899
  3. Creech v. Char. & West. Car. Ry.Supreme Court of South Carolina · 1903
  4. Cooper v. Atlantic Coast Line R. R.Supreme Court of South Carolina · 1904
  5. Thompson v. Family Protective UnionSupreme Court of South Carolina · 1903

3Cited by3 opinions

  1. Metts v. WenbergSupreme Court of South Carolina · 1930
  2. Dobson v. Receivers of S. A. L. Ry.Supreme Court of South Carolina · 1912
  3. Veronee v. Charleston Consol. Ry. & Lighting Co.Supreme Court of South Carolina · 1929

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