Legal Opinion

Wilson v. Southern Ry.

Supreme Court of South Carolina

Decided October 14, 1912No. 8342PublishedCited by 13 opinions

Before Ernest Moore, Special Judge, York, November term, 1909. Action by C'.' Scott Wilson, administrator of Rainey Wilson, against Southern Railway Company and Ed S. Mott.

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Before Ernest Moore, Special Judge, York, November term, 1909. Action by C'.' Scott Wilson, administrator of Rainey Wilson, against Southern Railway Company and Ed S. Mott. Plaintiff appeals. cites: Refusal of motion to amend complaint to conform to facts is error of law: 26 S. C. 417; 59 S. C. 87; 51 S. C. 418; 3 S. C. 401; 9 S. C. 330; 85 S. C. 454; 55 S. C. 90; 68 S. C. 409; 87 S. C. 240; 83 S. C. 559. Carrier must discharge passenger at station: 6 Cyc. 586, 587, 599; 67 S. C. 65; 41 S. C. 20; 78 S. C. 554. Evidence does not tend only to show deceased was a trespasser: 49 S. C. 18; 61 S.…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Chief Justice Gary.

This is an action for damages, alleged to have been sustained, on account of the wrongful acts of the defendants, in causing the death of plaintiff’s intestate.

The allegations of the complaint, material to the questions involved, are as follows:(1) “That heretofore, to wit: On the 31st day of October, 1906, one D. Rainey Wilson embarked as a passenger on a train of the defendant, Southern Railway Company, on said line of railway, of which train the defendant, Ed S. Mott, was conductor and in charge, for passage from Columbia to…

2Cases cited3 opinions

  1. Smalley v. Southern Ry. Co.Supreme Court of South Carolina · 1900
  2. Sentell v. Southern Ry.Supreme Court of South Carolina · 1904
  3. Haltiwanger v. Columbia, Newberry & Laurens R. R.Supreme Court of South Carolina · 1902

3Cited by13 opinions

  1. Jones v. Atlanta-Charlotte Air Line R. Co.Supreme Court of South Carolina · 1951
  2. Key, Admx. v. Charleston W.C. Rwy. Co.Supreme Court of South Carolina · 1928
  3. Horne v. Atlantic Coast Line R. Co.Supreme Court of South Carolina · 1935
  4. Nettles v. Southern Ry. Co.Supreme Court of South Carolina · 1947
  5. Padgett v. SOUTHERN RY. CO.Supreme Court of South Carolina · 1950

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