Martin v. Southern Ry.
Supreme Court of South Carolina
Action by Elizabeth B. Martin, by guardian, against Southern Ry. Co. From judgment for plaintiff, defendant appeals. cites: What must appear to warrant a verdict for punitive damages: 54 S. C., 505; 60 S. C., 74; 51 S. C., 170; 65 S. C., 336; 69 S. C., 445; 75 S. C., 160; 63 S. C., 370; 64 S. C., 433; 68 S. C., 89. There was no legal duty on conductor to assist plaintiff: 37 S. C., 368; 46 S. C., 318; 53 S. C., 303. Intervening negligence of the one assisting the passenger…
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Action by Elizabeth B. Martin, by guardian, against Southern Ry. Co. From judgment for plaintiff, defendant appeals. cites: What must appear to warrant a verdict for punitive damages: 54 S. C., 505; 60 S. C., 74; 51 S. C., 170; 65 S. C., 336; 69 S. C., 445; 75 S. C., 160; 63 S. C., 370; 64 S. C., 433; 68 S. C., 89. There was no legal duty on conductor to assist plaintiff: 37 S. C., 368; 46 S. C., 318; 53 S. C., 303. Intervening negligence of the one assisting the passenger off was the proximate cause of the injury: 1 Thomp. on Neg., sec. 55; 1 Cool, on Torts, 99; 31 Ency., 485; W'hitis,…
1Opinion of the Court
The opinion of the Count was delivered by
Mr. Chief Justice Pope.
Elizabeth B. Martin, by her guardian ad litem, Milo B. Martin, brought this action to recover damages of the defendant railway company for personal injuries alleged to have been caused by the negligent, reckless and wanton conduct of the defendant in failing to stop its train at the usual stopping place at Dawkins, a station in Fail-field County, and put her off. The facts are as follows : On December the 23d, 1904, plaintiff, a girl of thirteen years of age, being in Spartanburg attending school and wishing to go- home for the…
2Cases cited5 opinions
- Bowen v. Southern Ry. Co.Supreme Court of South Carolina · 1900
- Wilson v. Commercial Union Assurance Co.Supreme Court of South Carolina · 1898
- Miller v. Southern Ry.Supreme Court of South Carolina · 1904
- Smith v. Southern RailwaySupreme Court of South Carolina · 1898
- Cooper v. Georgia, Carolina & Northern Ry. Co.Supreme Court of South Carolina · 1901
3Cited by11 opinions
- Locklear v. Southeastern Stages, Inc.Supreme Court of South Carolina · 1940
- Woody v. South Carolina Power Co.Supreme Court of South Carolina · 1943
- McBride v. Atchison, Topeka & Santa Fe Railway Co.California Supreme Court · 1955
- Foster v. City of UnionSupreme Court of South Carolina · 1924
- Johnston v. Atlantic Coast Line R. Co.Supreme Court of South Carolina · 1937
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