Steele v. Atlantic Coast Line R. Co.

• Decision Date: 28 June 1913
• Citation: 78 S.E. 705,95 S.C. 124
• Parties: STEELE v. ATLANTIC COAST LINE R. CO.
• Court: South Carolina Supreme Court

78 S.E. 705

95 S.C. 124

STEELE v. ATLANTIC COAST LINE R. CO.

Supreme Court of South Carolina

June 28, 1913

Appeal from Common Pleas Circuit Court of Florence County; Thos. S Sease, Judge.

Action by W. M. Steele against the Atlantic Coast Line Railroad Company and another. From an order overruling a demurrer by the defendant named, it appeals. Affirmed.

F. L Willcox, of Florence, for appellant. Ragsdale & Whiting, of Florence, for respondent.

FRASER J.

In the argument of appellant there is the following statement of its case:

" This is a suit for damages alleged to have resulted from personal injuries to plaintiff, a switchman and car coupler, while in the discharge of his duties on the 23d day of December, 1911, in the Florence yards of Atlantic Coast Line Railroad Company. The complaint alleges the bruising, breaking, and maiming of plaintiff's left hand and wrist. It further alleges that the injury was caused by the negligence and wrongful acts of defendant in several particulars, to wit: First, in the failure of the defendant Atlantic Coast Line Railroad Company to provide safe and suitable appliances; second, in the willfulness of both defendants, acting through the defendant Crumpler, in requiring plaintiff to go into a position of danger and to use unsafe and defective appliances; third, in the willfulness of the defendant Atlantic Coast Line Railroad Company in causing the cars to be brought together with great force while the coupling devices were out of repair; fourth, in the failure of both defendants, acting through the defendant Crumpler, to open the knuckle on one of the coaches in question before attempting to make the coupling; and, fifth, in the wanton and willful failure of the defendant Atlantic Coast Line Railroad Company to make the coupling as the cars came together. It will be noted that the negligent acts relied upon to create the liability in favor of plaintiff are charged, first, against one defendant alone, and then against the two jointly. The defendant Atlantic Coast Line Railroad Company demurred instead of answering the complaint, basing its demurrer on the ground that several causes of action have been improperly united; this defect in pleading appearing upon the face of the complaint. It charges that a cause of action against it alone for failure to provide suitable appliances, in providing which the defendant Crumpler had no part, cannot be joined in the same complaint with a cause of action against the two defendants for the joint neglect of duties imposed by law upon both of them.

"Upon hearing the demurrer his honor, Judge Sease, made an order, overruling same, whereupon this appeal was taken, upon one exception."

"Exceptions.

"His honor erred, it is respectfully submitted, in not sustaining the demurrer interposed by the

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