Hale v. Columbia, &c., Railroad

Citations

• 34 S.C. 292
• 13 S.E. 537
• 1891 S.C. LEXIS 57

Syllabus

<p>1. Negligence — Non-suit.—In action to recover damages for the killing of plaintiff’s intestate by defendant’s train, negligence in the killing is a necessary and material allegation, and unless some evidence is offered to support it, a non-suit is proper.</p> <p>2. Railroad — Statutory Signals. — The statute requires a railroad train to give warning before crossing a highway or street or travelled place, and upon failure to do so imposes a liability for injuries done by a collision at such crossing. Held, that this statute has no application to a case where a man was killed by a moving train while he was standing up in a depot, yard looking at some work being done there, as the yard was not a travelled place and as the man was not crossing nor intending to cross the railroad track.</p> <p>3. Negligence — Depot Yard. — A man while looking at some repairs to an engine and standing in a depot yard between two tracks, 10 or 15 feet apart, was struck by a shifting train that was backing towards him, no signals nor warning being given to him, and no one being on the lookout at the rear of this train. Held, that no negligence on the part of the railroad company was shown, and a non-suit was properly granted.</p>