Harvey v. Southern Ry.-Carolina Division
Decision Date | 01 May 1923 |
Docket Number | 11207. |
Citation | 117 S.E. 411,124 S.C. 375 |
Parties | HARVEY ET AL. v. SOUTHERN RY.--CAROLINA DIVISION ET AL. |
Court | South Carolina Supreme Court |
Appeal from Common Pleas Circuit Court of Barnwell County; C.J Ramage, Special Judge.
Action by W. L. Harvey, administrator, and others against the Southern Railway--Carolina Division and another. Judgment for plaintiffs, and defendants appeal. Affirmed.
Harley & Blatt, of Barnwell, for appellants.
J. O Patterson, Jr., and J. A. Kennedy, both of Barnwell, for respondents.
The plaintiff's intestate was driving along a public road that ran along the right of way of the appellant. The railroad tract came out of a cut onto an embankment. The public road crossed the railroad track just where the railroad track came out of the cut onto the embankment. The testimony tended to show that, when the mule which the deceased was driving came upon the railroad track, it saw the approaching train and whirled around, and threw the deceased out of her buggy and injured her so seriously that she died.
The appellant's argument states as follows:
1. While the testimony may not have been responsive to the allegations of the complaint, it was responsive to the appellant's defense of contributory negligence and contributory willfulness. His honor charged the jury that the railroad was not responsible for the public road. While this is true, the surrounding conditions might negative contributory negligence.
2. The same thing is true as to the evidence as to a dangerous crossing. It was responsive to the question of contributory negligence...
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Harvey v. Southern Ry. Co.
...defendant near a highway crossing in Barnwell county), the judgment entered upon said verdict having been affirmed by this court (124 S.C. 375, 117 S.E. 411), brings the action for damages under what is known as the "survival statute" for pain and suffering of his intestate. The case was tr......