Littlejohn v. R. & D. R. R.

Citations

• 45 S.C. 181
• 22 S.E. 789
• 1895 S.C. LEXIS 2

Syllabus

<p>1. NEGEiGENCE — Raieroads.—Under section 1685 of Revised Statutes, the failure of a railroad company to sound the whistle or ring the bell on its engine before moving a train of freight cars, standing with some cars above, some on, and some below a traveled crossing in a town, makes out a prima facie case of negligence.</p> <p>2. Prooe — PeEadings.—Defendant having admitted that it was in possession of a track and railroad that it was operating, and running its freight and passenger cars thereon, cannot require the plaintiff, in a suit for damages for injury to plaintiff, to prove that it was defendant’s cars that injured him on such road.</p> <p>3. Nonsuit — Evidence.—The evidence on the question of negligence in this case should have been submitted to the jury.</p>