Talbert v. Charleston & W. C. Ry. Co.
Supreme Court of South Carolina
Before Si-iipp, J., Action by John Wilbur Talbert, by guardian ad litem, Beatrice Talbert, against the Charleston & Western Carolina Railroad Company.' From a judgment for defendant, plaintiff appeals.
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Before Si-iipp, J., Action by John Wilbur Talbert, by guardian ad litem, Beatrice Talbert, against the Charleston & Western Carolina Railroad Company.' From a judgment for defendant, plaintiff appeals. The Georgia law which governs case declared in: 53 S. E. 575; 48 S. E. 681; 17 Wis. 48-7; 84 Am, Dec. 758; 36 N. Y. Supp. 378. Unless danger is obviously great Court c,amwt hold that a given act precludes recovery: 64 S. E. 297; 56 S. E. 750; 47 S. E. 570. Duty toward passenger: 60 S. E. 378; 44 S. E. 1005; 93 Ga. 388. Doctrine of comparative negligence: 39 S.-E. 308; Georgia Code, sec. 3781;…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Watts.
1, 4 This case was tried before Judge Shipp at the October term of the Court for Edgefield county, 1912, and was a complaint by plaintiff against the defendant for alleged personal injuries sustained by him while traveling as a • passenger on the defendant’s train from McCormick to' Augusta, Ga., during a fair in Augusta. The alleged injury occurred in Augusta, Ga., and the case was tried under the laws of the State of Georgia. After the plaintiff had closed his testimony, the defendant made a motion for nonsuit, which at that time…
2Cases cited14 opinions
- Simmons v. Seaboard Air-Line RailwaySupreme Court of Georgia · 1904
- Grady v. Georgia Railroad & Banking Co.Supreme Court of Georgia · 1901
- Williams v. Southern Railway Co.Court of Appeals of Georgia · 1912
- Cave v. Seaboard Air Line Ry.Supreme Court of South Carolina · 1913
- Johns v. Georgia Railway & Electric Co.Supreme Court of Georgia · 1909
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3Cited by3 opinions
- Hancock v. Aiken Mills, Inc.Supreme Court of South Carolina · 1936
- Medlin v. Southern Railway.Supreme Court of South Carolina · 1928
- Llewellyn v. Atlantic Greyhound Corp.Supreme Court of South Carolina · 1944