Carlton v. Southern Railway

Supreme Court of South Carolina

Carlton v. Southern Railway

76 S.E. 984, 93 S.C. 354, 1913 S.C. LEXIS 18

CourtSupreme Court of South Carolina

DecidedJanuary 10, 1913

Docket8405

StatusPublished

Cited by1 cases

This text of 76 S.E. 984 (Carlton v. Southern Railway) is published on Counsel Stack Legal Research, covering Supreme Court of South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Carlton v. Southern Railway, 76 S.E. 984, 93 S.C. 354, 1913 S.C. LEXIS 18 (S.C. 1913).

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Opinion

The opinion of the Court was delivered by

Mr. Justice Watts.

This was an action for damages brought by plaintiff against the defendant caused by a collision at a railroad crossing of plaintiff’s automobile and an engine and box cars of the defendant company. The answer of defendant set up as a defense to plaintiff’s alleged cause of action that the line of railroad upon which the plaintiff’s claim of damages occurred is not under the control of the defendant, but is being run and operated by the Ware Shoals Railroad Company, a corporation entirely separate from and independent of the defendant. At the close of testimony in the case, when the trial was had, defendant moved the Court for a direction of verdict or granting a nonsuit on the ground, in substance, that there was no testimony to show that the defendant owned or *356 operated the road where the accident occurrred. This motion was refused by the Court, and the cause submitted to the jury who rendered a verdict for the plaintiff. Defendant then made a motion for a new trial which was refused and then appeal was taken on three exceptions assigning error. These exceptions by defendant raise practically but one question and that is, was there any testimony to show that the defendant owned or operated the road where the accident occurred. If there is any such testimony then -the appeal fails.

It was conceded by counsel for the defendant at the hearing by this Court that the defendant owned the roadbed and furnished the rails to iron the same and owned the iron rails. There was evidence to show that the engine and cars run on the road are marked “Southern,” and that for seven years trains have been running on the road whose engines and cars are marked “Southern.” This was sufficient to- carry the case to the jury under Bush v. Southern Railway Company, 63 S. C. 97, 40 S. E. 1029.

The law imposes upon the owner of a railroad the duty of operating it and in consequence liability for injuries, clone by those who1 are allowed to operate it. Harmon v. Ry., 28 S. C. 401, 5 S. E. 835.

There was evidence enough to1 carry the case to the jury for them to determine, not only whether the defendant owned the road, but, also, whether they were operating it. We see no- prejudicial errors in the ruling of the Circuit Judge in any of the exceptions. All of the exceptions are overruled.

Judgment affirmed.

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The opinion of the Court was delivered by

Mr. Justice Watts.

This was an action for damages brought by plaintiff against the defendant caused by a collision at a railroad crossing of plaintiff’s automobile and an engine and box cars of the defendant company. The answer of defendant set up as a defense to plaintiff’s alleged cause of action that the line of railroad upon which the plaintiff’s claim of damages occurred is not under the control of the defendant, but is being run and operated by the Ware Shoals Railroad Company, a corporation entirely separate from and independent of the defendant. At the close of testimony in the case, when the trial was had, defendant moved the Court for a direction of verdict or granting a nonsuit on the ground, in substance, that there was no testimony to show that the defendant owned or *356 operated the road where the accident occurrred. This motion was refused by the Court, and the cause submitted to the jury who rendered a verdict for the plaintiff. Defendant then made a motion for a new trial which was refused and then appeal was taken on three exceptions assigning error. These exceptions by defendant raise practically but one question and that is, was there any testimony to show that the defendant owned or operated the road where the accident occurred. If there is any such testimony then -the appeal fails.

It was conceded by counsel for the defendant at the hearing by this Court that the defendant owned the roadbed and furnished the rails to iron the same and owned the iron rails. There was evidence to show that the engine and cars run on the road are marked “Southern,” and that for seven years trains have been running on the road whose engines and cars are marked “Southern.” This was sufficient to- carry the case to the jury under Bush v. Southern Railway Company, 63 S. C. 97, 40 S. E. 1029.

The law imposes upon the owner of a railroad the duty of operating it and in consequence liability for injuries, clone by those who1 are allowed to operate it. Harmon v. Ry., 28 S. C. 401, 5 S. E. 835.

There was evidence enough to1 carry the case to the jury for them to determine, not only whether the defendant owned the road, but, also, whether they were operating it. We see no- prejudicial errors in the ruling of the Circuit Judge in any of the exceptions. All of the exceptions are overruled.

Judgment affirmed.

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76 S.E. 984, 93 S.C. 354, 1913 S.C. LEXIS 18, Counsel Stack Legal Research, https://law.counselstack.com/opinion/carlton-v-southern-railway-sc-1913.

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