Adkins v. Atlanta & Charlotte Airline Railway Co.

Citations

• 27 S.C. 71
• 2 S.E. 849
• 1887 S.C. LEXIS 103

Syllabus

<p>1. A brakeman voluntarily transferred, from a freight train to work the hand-brakes of a passenger train, whose air-brakes were out of order, and whose platforms were slippery with ice, but with skilled officers and employees in charge, was thrown or fell from the train while in motion and was killed. Held, that the railroad company was guilty' of no negligence.</p> <p>2. Failure of the engineer to blow on brakes would not render the railroad company liable for an injury which was not the result of such failure.</p> <p>3. Section 1525 of General Statutes requires a railroad company to give immediate notice of accidents attended with injury to person, to the nearest physician and to the railroad commissioners, and prescribes a forfeiture for failure to do so, but does not declare by whom recoverable. Has this section any application to an action brought by a person so injured or his administrator to recover damages for such injury ?</p> <p>4. A brakeman, seen on the train after leaving a station, was missed at the next stopping point, but supposed to be on the engine. When it was learned that he was not there, the conductor telegraphed inquiries to the station where the absent brakeman was first missed, and to headquarters, and inquiries were made along the line on the return trip. Held, that it was not the duty of the railroad company to institute search for the brakeman’s body along the line of its track.</p>