Harmon v. Railroad Co.

Citations

• 32 S.C. 127
• 10 S.E. 877
• 1890 S.C. LEXIS 21

Syllabus

<p>1. In action to recover damages for cattle killed by a train of cars, the railroad company, defendant, introduced expert witnesses, who testified as to the distance within which a train of cars could be stopped. Held, that it was competent for plaintiff to prove in reply by non-expert witnesses the distance within which they had seen a train stopped, and that the trial judge erred in saying to the jury that such reply testimony had nothing to do with the case.</p> <p>2.' The enclosure and maintenance of a pasture on one’s own land across a railroad track is not unlawful, and, therefore, where the landowner’s stock was killed at that point by a train of cars, the trial judge erred in suggesting to the jury that the existence of this pasture might constitute contributory negligence.</p>