Fell v. Railroad Co.

Citations

• 33 S.C. 198
• 11 S.E. 691
• 1890 S.C. LEXIS 121

Syllabus

<p>Where a complaint alleges as the only negligent act of the defendant railroad company, a defective switch, whereby cars were permitted to roll down from a siding on to the main track, in collision with which plaintiff’s intestate, a locomotive engineer of a moving train, was killed, but there is no testimony to show a defective' switch or that the cars which were run into had escaped from the siding, a non-suit was proper, because there was an entire absence of evidence as to the only act of negligence alleged in the complaint as the ground of plaintiff’s action.</p>