Johnson v. Charleston & Savannah Ry. Co.

Citations

• 55 S.C. 152
• 32 S.E. 2
• 1899 S.C. LEXIS 74

Syllabus

<p>x. Railroads — Constitution—Negligence.—A Contract whereby a railroad company beforehand seeks immunity from damages caused by its negligence, and that of its servants and agents, is not prohibited by sec. 15, art. IX., Con. 1895. Justice Pope dissents.</p> <p>2. Ibid. — Common Carrier — Negligence—Damages—Public Policy. —A Contract whereby a common carrier undertakes to secure immunity beforehand from liability for damages for injuries resulting from its negligence, or that of its servants or agents, is contrary to public policy, and, therefore, void.</p> <p>3. Ibid — Employee—Damages—Negligence — Estoppel. — When an employee of a railroad company becomes a member of an association, and contributes thereto, whereby he is to receive a specified compensation and medical attention, in case of sickness or accident, and whereby he releases tne company from suits for damages in case of accident or negligence, upon acceptance of the benefits thereof after the accident, he may elect, after accident, to accept or sue; and if he accepts the benefit of the association after the accident, and executes a release to the company for all liability therefor, he is estopped from suing, except in cases of fraud or duress. Divided Court.</p> <p>4. Public Policy — Contract.—When one of the terms of a contract is void because contrary to public policy, does it necessarily follow that all other terms of the contract are void?</p> <p>5. Constitution — Public Policy. — The question upon which the Court is divided in this case is not a constitutional one, but whether the transaction in question is void, because contrary to public policy?</p> <p>6. Ibid. — Where there are two questions in a case, one constitutional and the other not, and the other question is decisive of the case, the Court will not consider the constitutional question.</p> <p>7. Rehearing refused.</p>