Youngblood v. Southern Ry. Co.
Decision Date | 25 September 1929 |
Docket Number | 12737. |
Citation | 149 S.E. 742,152 S.C. 265 |
Parties | YOUNGBLOOD v. SOUTHERN RY. CO. et al. |
Court | South Carolina Supreme Court |
Appeal from Common Pleas Circuit Court of Barnwell County; H. F Rice, Judge.
Action by Mary O. Youngblood, as administratrix, against the Southern Railway Company and another. Judgment for plaintiff and defendants appeal. Reversed and remanded.
The defendants assigned as ground for reversal the following exceptions:
"'(f) That the verdict is grossly excessive." D'
Harley & Blatt, of Barnwell, and Frank G. Tompkins, of Columbia, for appellants.
Wolfe & Berry, of Orangeburg, W. C. Martin, of Branchville, and R. C. Holman and Brown & Bush, all of Barnwell, for respondent.
On January 3, 1924, Cleveland J. Youngblood, a train conductor employed by the defendants, received injuries which resulted in his death in a head-on collision between two trains of the defendants at or near Stilton, in Orangeburg county, and in May, 1924, the plaintiff, Mary O. Youngblood, as administratrix of his estate, brought this action for damages, alleging that his death was due to negligence on the part of the defendants. At the time he received the injuries Youngblood and the defendants were engaged in interstate commerce, and the action was tried under the Federal Employers' Liability Act (45 USCA § § 51-59). The case was first tried at the March, 1925, term of the common pleas court for Barnwell county. At that trial the presiding judge granted a motion for a directed verdict in favor of the defendants. The plaintiff appealed, and this court reversed the judgment of the lower court, remanding the case for a...
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