Lindler v. Southern Ry. Co

• Citation: 84 S.C. 536,66 S.E. 995
• Parties: LINDLER. v. SOUTHERN RY. CO.
• Decision Date: 14 February 1910
• Court: United States State Supreme Court of South Carolina

84 S.C. 536
66 S.E. 995

LINDLER.
v.
SOUTHERN RY. CO.

Supreme Court of South Carolina.

Feb. 14, 1910.

[66 S.E. 995]

1. Negligence (§ 6^*) — Violation of Ordinance.

Violation of an ordinance is negligence per se.

[Ed. Note.—For other cases, see Negligence, Cent. Dig. § 8; Dec. Dig. § 6.*]

2. Railroads (§ 350*)—Operation of Trains —Frightening Horses—Liability.

Where a railroad negligently permitted engines to stand on a crossing, and escaping steam frightened a horse driven over the crossing between the engines, injuring the driver, the question whether the engines were at such a place as to render the crossing dangerous by frightening horses, and the question whether the negligence and manner of their operation proximately caused the injury, were for the jury.

[Ed. Note.—For other cases, see Railroads, Cent. Dig. § 1155; Dec. Dig. § 350.*]

3. Railroads (§ 305*)—Operation of Trains —Frightening Horses—Liability.

A railroad negligently obstructing a crossing by allowing its train or cars to remain on the crossing unnecessarily or contrary to an ordinance is liable for injuries received by one attempting with due care to cross or go around the obstruction.

[Ed. Note.—For other cases, see Railroads, Cent. Dig. §§ 969, 971; Dec. Dig. § 305.*]

4. Railroads (§ 305*)—Operation of Trains —Liability.

Where trainmen, in violation of a statute, unnecessarily or wantonly blow the whistle of an engine or allow steam to escape, causing horses at a crossing to become frightened, the railroad is liable for the resulting injury.

[Ed. Note.—For other cases, see Railroads, Cent. Dig. § 909; Dec. Dig. § 305.*]

5. Railroads (§ 348*)—Frightening Animal —Willfulness—Evidence.

Evidence held to show that a railroad intentionally violated an ordinance in permitting its engines to stand on a crossing, authorizing punitive damages for injuries resulting from the frightening of plaintiffs horse.

[Ed. Note.—For other cases, see Railroads, Cent. Dig. § 1150; Dec. Dig. § 348.*]

Appeal from Common Pleas Circuit Court of Richland County; J. C. Klugh, Judge.

Action by Simon O. Lindler against the Southern Railway Company. From a judgment for plaintiff, defendant appeals. Affirmed.

E. M. Thomson, for appellant Nelson, Nelson & Gettys, for respondent.

GARY, A. J. This is an action for damages alleged to have been sustained by the plaintiff through the wrongful acts of the defendant.

The following allegations are set out in the complaint: "That on or about the 11th day of February, 1905, plaintiff was driving his mare, drawing a single wagon, loaded, from the city of Columbia to his home, which was about five miles out on the 'Two Notch' road, and in so driving it was necessary for plaintiff to drive down Laurel street of the city of Columbia, and over and across the sever al tracks of defendant, which crossed said Laurel street on Laurens street. That the mare was gentle, and not afraid of street cars, automobiles, or engines. That when plaintiff drove up to near where he would have crossed the tracks there were two of defendant's engines, under steam, stopped and standing on one or more of defendant's tracks across said Laurel street, a public street of the city of Columbia, 100 feet wide, about 25 or 30 feet apart, blocking and obstructing said Laurel street, excepting 25 or 30 feet between said engines, and one of defendant's watchmen or flagmen was standing at said crossing. That said blocking and obstructing of said Laurel street by defendant, and allowing its said engines to stop and remain standing on said crossing, was In violation of the ordinances of the city of Columbia. That, in order for plaintiff to proceed on his way, it was necessary for him to pass between said engines, which he proceeded to do, without being stopped or warned by said watchman or flagman of defendant. That while plaintiff was crossing said tracks the defendant carelessly, negligently, recklessly, willfully, and wantonly, and in utter disregard of the rights of the...