Hunter v. Atlantic Coast Line R. R.
Supreme Court of South Carolina
Before Purdy, J., Clarendon, June, 1904. Action by Robert Hunter against Atlantic Coast Line Railroad Co<. From judgment sustaining demurrer, plaintiff appeals. cite: Complaint must allege some duty owing plaintiff by defendant: 66 S. C., 535. Whether acts were negligent or wanton- is for jury: 68 S. C., 488. Care due to- plaintiff: 4 Ency., 54, 48. Judge should only define negligence: 19 S, C., 55; 21 S. C., 104; 41 S. C., 1, 440, 381; 25 & C., 24. As to' presumption of…
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Before Purdy, J., Clarendon, June, 1904. Action by Robert Hunter against Atlantic Coast Line Railroad Co<. From judgment sustaining demurrer, plaintiff appeals. cite: Complaint must allege some duty owing plaintiff by defendant: 66 S. C., 535. Whether acts were negligent or wanton- is for jury: 68 S. C., 488. Care due to- plaintiff: 4 Ency., 54, 48. Judge should only define negligence: 19 S, C., 55; 21 S. C., 104; 41 S. C., 1, 440, 381; 25 & C., 24. As to' presumption of negligence: 65 S. C., 447 ; 55 S. C., 389; 62 S. C., 130; 61 S. C., 354. Question of proximate cause is for jury, if there…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Woods.
The defendant demurred, to the complaint in this case on the ground that it failed to state facts sufficient to constitute a cause of action, in that:
“1. The allegations of fact in the complaint do not show any actionable negligence.
“2. The allegations of the complaint show contributory negligence on the part of the plaintiff.
“3. The complaint shows that the gross negligence of the plaintiff in wrongfully going upon an alleged dangerous and improperly lighted platform, was the direct and proximate cause of the injury to plaintiff.”
The…
2Cases cited2 opinions
- Jarrell v. Charleston & Western Carolina Ry.Supreme Court of South Carolina · 1900
- Steele v. Southern Ry.Supreme Court of South Carolina · 1899
3Cited by10 opinions
- Ford v. Atlantic Coast Line R. Co.Supreme Court of South Carolina · 1932
- Anderson v. South Carolina & Georgia R. R.Supreme Court of South Carolina · 1907
- Lyon v. Charleston & Western Carolina Ry.Supreme Court of South Carolina · 1907
- Sutton v. Southern Ry.Supreme Court of South Carolina · 1909
- McLean v. Atlantic Coast Line R. R.Supreme Court of South Carolina · 1908
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