South Carolina § 58-17-1440 Penalty and damages for injury at crossing not having required signals.

South Carolina Statutes

§ 58-17-1440 — Penalty and damages for injury at crossing not having required signals.

South Carolina § 58-17-1440

Title 58PUBLIC UTILITIES, SERVICES AND CARRIERS

Ch. 17THE GENERAL RAILROAD LAW

This text of South Carolina § 58-17-1440 (Penalty and damages for injury at crossing not having required signals.) is published on Counsel Stack Legal Research, covering South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

S.C. Code Ann. § 58-17-1440 (2026).

Text

If a person is injured in his person or property by collision with the engine or any car of a railroad corporation at a crossing and it appears that the corporation neglected to give the signals required by the General Railroad Law and that such neglect contributed to the injury, the corporation shall be liable for all damages caused by the collision or to a fine recoverable by indictment, unless it is shown that in addition to a mere want of ordinary care the person injured or the person having charge of his person or property was at the time of the collision guilty of gross or wilful negligence or was acting in violation of the law and that such gross or wilful negligence or unlawful act contributed to the injury.

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If a person is injured in his person or property by collision with the engine or any car of a railroad corporation at a crossing and it appears that the corporation neglected to give the signals required by the General Railroad Law and that such neglect contributed to the injury, the corporation shall be liable for all damages caused by the collision or to a fine recoverable by indictment, unless it is shown that in addition to a mere want of ordinary care the person injured or the person having charge of his person or property was at the time of the collision guilty of gross or wilful negligence or was acting in violation of the law and that such gross or wilful negligence or unlawful act contributed to the injury.

Legislative History

HISTORY: 1962 Code SECTION 58-1004; 1952 Code SECTION 58-1004; 1942 Code SECTION 8377; 1932 Code SECTION 8377; Civ. C. '22 SECTION 4925; Civ. C. '12 SECTION 3230; Civ. C. '02 SECTION 2139; G. S. 1529; R. S. 1692; 1881 (17) 824; 1919 (31) 102.