Keels v. Atlantic Coast Line R. Co.

• Decision Date: 01 April 1931
• Docket Number: 13106.
• Citation: 157 S.E. 834,159 S.C. 520
• Parties: KEELS v. ATLANTIC COAST LINE R. CO. et al.
• Court: South Carolina Supreme Court

157 S.E. 834

159 S.C. 520

KEELS v. ATLANTIC COAST LINE R. CO. et al.

No. 13106.

Supreme Court of South Carolina

April 1, 1931

Appeal from Common Pleas Circuit Court of Florence County; R. W Sharkey, Judge.

Action by Ned Bonus Keels against the Atlantic Coast Line Railroad Company and others. From the judgment, plaintiff appeals.

Reversed and remanded.

J. W Wallace, Jr., of Florence, for appellant.

D Gordon Baker, of Florence, for respondent.

STABLER J.

As we gather from the record in this case, one John Keels, at the time of his death in 1929, was in the employ of the Atlantic Coast Line Railway Company, and held a membership in the relief department of that company, the object of which was to establish a fund to be paid in definite amounts to employees contributing thereto, or, in the event of the death of any such employee, to a beneficiary designated by him. By reason of the membership of Keels, the railway company, at his death, was under obligation to pay to the person entitled to it the sum of $250. Susie Keels, wife of the deceased claimed the money under the regulations of the department, but, on account of conflicting claims, the company refused to pay until the question should be settled by the court. This action was brought by John's father, who alleged that the death of his son resulted from a knife wound intentionally and feloniously inflicted by Susie, who thereby forfeited her right to the fund; and that he, as the father, was entitled to it.

The defendant Susie Keels, answering the complaint, denied that the death of her husband was intentionally caused by any act of hers, as stated in the complaint; and alleged that a court of competent jurisdiction had passed upon the question, and that she had been convicted of involuntary manslaughter only.

The case was heard in the civil court of Florence county on July 10, 1930. Evidence was introduced by the plaintiff tending to show that Susie Keels had unlawfully and intentionally killed her husband by stabbing him with some sharp instrument. Before plaintiff's testimony was completed, however, the trial judge indicated that, under an act of the General Assembly of 1924 (33 Stat. 1188), and the construction placed upon that act by the Supreme Court in the case of Smith v. Todd, 155 S.C. 323, 152 S.E. 506, 511, 70 A. L. R. 1529, the judgment roll in the criminal prosecution of Susie Keels would be admissible in evidence in this case, and that, if it appeared from such judgment roll that she had been found guilty of involuntary manslaughter only, she would be entitled, as a matter of law, to the fund.

The judgment roll in the criminal action was admitted in evidence over plaintiff's objection and showed a conviction of involuntary manslaughter. Thereupon plaintiff's attorney announced that, under the ruling of the court, he would make no further effort to establish plaintiff's right to the fund. By agreement, the case was then withdrawn from the jury and submitted for determination to the trial judge, who gave judgment for the defendant Susie Keels, stating in his order "After due consideration I find that in the case of the State v. Susie Keels tried in Court of General Sessions of Florence County she was convicted of involuntary manslaughter and sentenced by the Court, and that that judgment has become final. I further find, as a matter of law, that the Act of March 26th, 1924, which is to the effect 'that no person who shall be convicted in any court of competent jurisdiction of unlawfully killing another person shall...