Berley v. Seaboard Air Line Ry.
Supreme Court of South Carolina
Before Gac-e, J., Richland, October, 1908. Action by A¥. Q. M. Berley against Seaboard Air Rine Ry. From order striking out portions of the complaint, the plaintiff appeals.
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Before Gac-e, J., Richland, October, 1908. Action by A¥. Q. M. Berley against Seaboard Air Rine Ry. From order striking out portions of the complaint, the plaintiff appeals. The complaint is: I. “That the defendant, Seaboard Air Rine Railway, is a corporation created and existing under the laws of the States of Virginia and North Carolina and was at the times hereinafter mentioned operating and controlling, as owner thereof, a railroad extending from the city of Columbia, in the County of Richland, in the State of South Carolina, to the city of Savannah, in the State of Georgia, passing…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice; Woods.
The action is for damages alleged to have been suffered by the plaintiff from the failure of the defendant to stop its train at Swansea, a station on its road, where the plaintiff had purchased a ticket, and was waiting to take the train to Lexington. The appeal is from an order striking out as irrelevant and redundant the portions of the complaint indicated by brackets.
1 There is no allegation that the defendant had notice that the plaintiff was ill. Hence there was no basis for the recovery of damages for any increased injury, or…
2Cases cited4 opinions
- Pickens v. South Carolina & Georgia R. R.Supreme Court of South Carolina · 1899
- Carter v. Southern Ry.Supreme Court of South Carolina · 1906
- Kolb v. Southern Ry.Supreme Court of South Carolina · 1908
- Rountree v. Atlantic Coast Line R. R.Supreme Court of South Carolina · 1906
3Cited by4 opinions
- Bing v. Atlantic Coast Line R. R.Supreme Court of South Carolina · 1910
- Laird v. Atlantic Coast Line R.Supreme Court of South Carolina · 1925
- Martin v. Southern Ry.Supreme Court of South Carolina · 1911
- Mishoe v. Atlantic Coast Line Railroad Co.Supreme Court of South Carolina · 1926