Hill v. Railway Co.

Citations

• 31 S.C. 393
• 5 L.R.A. 349
• 10 S.E. 91
• 1889 S.C. LEXIS 49

Syllabus

<p>1. A railroad company constructed a trestle which crossed a public highway at right angles. Afterwards, the road officials of the county opened a new road under this same trestle, at a different point, without notice to the railroad company, and the new road approached the railroad obliquely and passed under through a narrow opening, with a sharp turn. In driving down this new road, the plaintiff’s buggy struck the benches of the trestle, and he was thereby thrown out and severely injured. Held, that this injury was not the result of any negligence on the part of the railroad company, and in action to recover damages therefor, the plaintiff was properly non-suited.</p> <p>2. If the new road was laid out because the defendant had negligently permitted the old road to get into bad condition, the injury received by plaintiff on the-new road was too remote a consequence of the company’s negligence to sustain this aciion.</p>