Guess v. Railway Co.

Citations

• 30 S.C. 163
• 9 S.E. 18
• 1889 S.C. LEXIS 89

Syllabus

<p>1. In action against a railroad company to recover damages for killing a cow, the judge charged: “If the injury to the cow was in any degree the consequence or result of the block and chain attached to the cow at the time, as described by the plaintiff in his testimony, in preventing the escape of the animal from the road, and that the injury would not have occurred but for that encumbrance, preventing the cow from getting out of the way, then the defendant should have a verdict.” Held, that there was no error here of which plaintiff could complain.</p> <p>2. When contributory negligence becomes a proximate cause of the injury, it is a good defence, notwithstanding there may be negligence on the other side.</p>