Scott v. Southern Ry. Co.
| Citation | 231 S.C. 28,97 S.E.2d 73 |
| Decision Date | 05 March 1957 |
| Docket Number | No. 17266,17266 |
| Court | United States State Supreme Court of South Carolina |
| Parties | Joe F. SCOTT, Respondent, v. SOUTHERN RAILWAY COMPANY, Southern Railway-Carolina Division, Corporations, Appellants. |
Frank G. Tompkins, Jr., Columbia, J. D. Parler, St. George, Barnwell & Whaley, Charleston, for appellants.
A. Russell McGowan, Charleston, for respondent.
This appeal arises out of an action brought in the Court of Common Pleas for Dorchester County to recover damages occasioned by appellants' train running into and striking respondent's car while stalled upon appellants' tracks in the Town of St. George, South Carolina.
Timely motions were made for nonsuit, directed verdict and judgment non obstante veredicto or a new trial, all of which were denied.
A review of the record reveals that there is testimony to the effect that at approximately 7:30 P.M., on December 23, 1953, respondent's wife, who was driving his 1953 Chevrolet, attempted to cross over appellants' tracks in front of the Court House in the Town of St. George and found that the right rear wheel had dropped into a hole in such place and manner that the rear wheel was against one track and the front wheel just over the ties so that even with the aid of three eleven year old boys, who were her passengers, pushing, she was unable to move off the tracks either forward or backwards. The car had been in this position, despite the driver's efforts to extricate it, for approximately ten minutes when she saw the headlight of appellants' train approaching from approximately two miles distance. The boys attempted to get help from others while the driver took her flashlight, it being dark, and ran along the track toward the train until the engine passed her, a distance of 175 steps from the crossing, waiving the flashlight up and down in an effort to attract the engineer's attention in time to stop the train. The afternoon and evening had been foggy, but at the time it was clear and both the engine light and flashlight were visible. The engineer stated immediately after the accident that he saw the lady's flashlight signal in time to stop and avoid the accident but that the light was being waved up and down instead of from side to side and he thought it was some child playing with the flashlight and did not apply his brakes until he saw the car and that it was then too late to avoid the collision. There is also testimony that the train was traveling 35-40 miles per hour in a 25 miles per hour zone.
In reviewing appellants' motion for a directed verdict, the trial Judge stated:
* * *'
There is evidence contrary to that heretofore related, but we find no error in this ruling as the evidence and all reasonable inferences arising therefrom must be considered as a whole and in the light most favorable to the plaintiff for the purpose of disposing of such motions, and if more than one reasonable inference can be drawn therefrom, the case must be submitted to the jury. Scott v. Meek, S.C., 95 S.E.2d 619, and cases cited therein.
Appellants also contend that the Court erred in charging the jury the law applicable to the last clear chance doctrine. Section 5(a) of respondent's complaint alleges:
'(a) In...
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