65 S.E. 456 (S.C. 1909), Berley v. Seaboard Air Line Ry.

Citation:65 S.E. 456, 83 S.C. 411
Opinion Judge:WOODS, J.
Party Name:BERLEY v. SEABOARD AIR LINE RY.
Attorney:& Sturkie, for appellant. Lyles & Lyles, for respondent.
Case Date:August 28, 1909
Court:Supreme Court of South Carolina

Page 456

65 S.E. 456 (S.C. 1909)

83 S.C. 411

BERLEY

v.

SEABOARD AIR LINE RY.

Supreme Court of South Carolina

August 28, 1909

Appeal from Common Pleas Circuit Court of Richland County; Geo. W. Gage, Judge.

Action by W. Q. Berley against the Seaboard Air Line Railway. From a judgment striking out parts of the complaint, plaintiff appeals. Modified and affirmed.

The following is the complaint referred to in the opinion:

"(1) That the defendant, Seaboard Air Line 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 Richmond, in the state of South Carolina, to the city of Savannah, in the state of Georgia, passing through the counties of Richland and Lexington, in the state of South Carolina, and having stations along said railroad in the counties of Richland and Lexington, where it transacts its business.

"(2) That the defendant is, and was at the times hereinafter mentioned, a common carrier of passengers on and over said railroad for hire between the places hereinafter mentioned,

Page 457

namely, Swansea, S. C., and Columbia, S. C.

"(3) That section No. 2134 of the Code of Laws of South Carolina expressly provides: 'Every railroad company in this state shall cause all its trains of cars for passengers to entirely stop upon each arrival at a station, advertised by such company as a station for receiving passengers upon such trains, for a time sufficient to receive and let off passengers,' and section No. 2202 of the Code of Laws of South Carolina also provides that 'each and every act, matter or thing in this chapter declared to be unlawful, is hereby prohibited; and in case any person or persons as defined in this chapter engaged as aforesaid shall do, suffer, or permit to be done, any act, matter or thing in this chapter prohibited or forbidden, or shall omit to do any act, matter, or thing in this chapter required to be done, or shall be guilty of any violation of the provisions of this chapter, such person or persons shall, where no specific penalty is hereinbefore already provided for such violation, forfeit and pay to the person or persons who may sustain damage thereby, a sum equal to three times the amount of damage so sustained, to be recovered by the person or persons so damaged, by suit in any circuit court in this state, where the person or persons causing such damage can be found, or may have an agent, office, or place of business; but in any such case of recovery, the damage shall not be assessed at a less sum than two hundred and fifty dollars. ***'

"(4) That on the morning of the 25th day of January, 1907, between 4 and 5 o'clock, the plaintiff [who was ill] and desired to return to his home at Lexington, S. C., purchased from the station agent of the defendant at Swansea, a station on the line of defendant's railroad in the county of Lexington and state of South Carolina, a ticket from Swansea aforesaid to the city of Columbia, S. C., which is the most direct route from Swansea to Lexington by rail, and paid said station agent the fare usually demanded and received by defendant for a ticket from Swansea to Columbia, and, before he purchased said ticket, he was [83 S.C. 413] assured by said station agent that the regular passenger train of the defendant, which would soon approach Swansea station from Savannah for Columbia, would stop at Swansea upon its arrival there, for all passengers for Columbia to board it.

"(5) That, having purchased said ticket from the station agent of the defendant at the time and place aforesaid, it was the duty of the defendant to stop said passenger train or cars upon its arrival at Swansea station for a time sufficient to receive plaintiff on board of said train, or long enough for plaintiff to get on board thereof; the said Swansea being a regular station on defendant's said line of railroad at which all of its regular...

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