Izlar v. Manchester & Augusta R. R.

Citations

• 57 S.C. 332
• 35 S.E. 583
• 1900 S.C. LEXIS 51

Syllabus

<p>1. Charge — Appeal—Mistakes.—A slight mistake in stating issues raised by pleadings is not reversible error. Such mistakes should be corrected by calling trial Judge’s attention to them at the time, or by motion for new trial.</p> <p>2. Ibid. — No error for Judge not to be able to distinguish the difference between extraordinary and ordinary care.</p> <p>3. Railroads — Licensee—Trespasser.—A party going to a railway station to see a passenger off, or to meet one, especially a member of his family, is a licensee as to the property of the railroad, and not a trespasser.</p> <p>4. Ibid. — Ibid.—Negligence—Damages—Lights.—A railroad company is required to use ordinary care in keeping in repair the approaches to its stations, and is responsible in damages to a licensee approaching its station, caused by his falling down a cut negligently made by it outside its own property, in levelling its station grounds, and by failing to light such place.</p> <p>5. Charge. — A request containing inferences from the testimony is properly refused.</p>