Prescott v. Hines

• Citation: 103 S.E. 543
• Decision Date: 28 June 1920
• Docket Number: (No. 10451.)
• Court: United States State Supreme Court of South Carolina
• Parties: PRESCOTT. v. HINES, Director General of Railroads.

103 S.E. 543

PRESCOTT.
v.
HINES, Director General of Railroads.

(No. 10451.)

Supreme Court of South Carolina.

June 28, 1920.

Appeal from Richland County Court; M. S. Whaley, Judge.

Action by W. S. Prescott against Walker D. Hines, as Director General of Railroads, for personal injury from collision with a train, standing across a street, of an automobile, belonging to and driven by another, in which plaintiff was riding. Judgment for plaintiff, and defendant appeals. Affirmed.

Barnett & McDonald, of Columbia, for appellant.

Paul A. Cooper and E. J. Best, both of Columbia, for respondent.

WATTS, J. This is an action for personal injuries, and was tried before County Judge Whaley and a jury at the January term of court, 1920, and resulted in a verdict for plaintiff for $1,667.75. At close of plaintiffs evidence a motion for nonsuit was made by the defendant, which motion was overruled. At the close of the case a motion for a directed verdict was made by the defendant, which motion was refused. After entry of judgment, defendant appealed and by 10 exceptions imputes error.

Appellant In his argument says:

"The exceptions are 10 in number, but in reality raise only three questions, to wit: (1) Could a reasonable inference be drawn from the testimony of any actionable negligence on the part of defendant? (Exceptions 1, 2,

3, 4, 5, 6, and 7.) (2) Was the trial court in error in charging the jury in effect that the plaintiff could be guilty of contributory negligence only through the agency of the driver of the automobile? (Exceptions 9 and 10.) (3) Was the verdict excessive? (Exception 8.)"

As to the first group of exceptions: There was some evidence by which it was reasonable to infer that there was actionable negligence on the part of the defendant. There was evidence that the train was standing still, blocking one of the most traveled streets in the city of...