Mack v. South Bound R. R.
Citations
- 52 S.C. 323
- 40 L.R.A. 679
Syllabus
<p>1. Railroads — Negligence—Evidence.—In an action against a railroad company for negligence, at common law, evidence of its failure to give the signals required by statute at public crossings near the accident is competent to support the allegation of reckless negligence.</p> <p>2. Evidence. — Testimony as to who travels and works a private crossing is irrelevant but harmless in an action for negligence at common law.</p> <p>3.. Nonsuit — Negligence—Trespass.—The testimony tended to show negligence on the part of the railroad company, and that plaintiff was not an ordinary trespasser, and nonsuit properly refused.</p> <p>4. Railroads — Damages—Negligence—Fbight.—A railroad company is liable in damages for mental or physical injuries sustained in consequence of fright caused by its negligence.</p> <p>5. Minority — Negligence.—Jury not instructed that the minority of plaintiff exempted him from looking and listening for approaching trains.</p> <p>6. Railroads — Ibid.—A railroad company is not bound to slacken the speed of its train upon seeing one approaching its track, unless the circumstances indicate that he does not, or cannot, see the train.</p> <p>7. Charge — Exemplary Damages — Negligence.—Upon examination of wliole charge, it is evident that Judge did not intend to charge that defendant was liable for exemplary damages in case there was only ordinary negligence.</p> <p>8. Railroads — Stock—Negligence.—The killing of stock by a railroad train raises the presumption of negligence, and that presumption is not destroyed by the mere fact that the witnesses have detailed the., circumstances of the killing.</p> <p>9. Charge — Exemplary Damages. — Charge as to circumstances under which smart money may be given correct.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- defendant liable for injuries sustained as result of mere fright and mental disturbance caused by its negligence
- defendant liable for injuries sustained as result of mere fright and mental disturbance caused by its negligence
Source: CourtListener parenthetical corpus (CC0).
Judges: Gary
Read full opinion on CourtListenerCited by
11 cases in this archive cite this case.
- Gates v. RichardsonWyoming Supreme Court· 1986-05-08· cited 149×
- Robb v. Pennsylvania Railroad CompanySupreme Court of Delaware· 1965-05-28· cited 66×
- Hansson v. Scalise Builders of SCSupreme Court of South Carolina· 2007-08-13· cited 55×
- D'Ambra v. United StatesD. Rhode Island· 1973-02-16· cited 29×
- Bray v. Marathon Corp.Supreme Court of South Carolina· 2003-10-13· cited 21×
- Champion v. GrayDistrict Court of Appeal of Florida· 1982-10-06· cited 15×
- Hopper v. United StatesD. Colorado· 1965-07-30· cited 13×
- Penick v. MirroE.D. Virginia· 1960-11-30· cited 11×
- Bray v. Marathon Corp.Court of Appeals of South Carolina· 2001-09-10· cited 10×
- Rock v. Atlantic Coast Line R. Co.Supreme Court of South Carolina· 1952-10-30· cited 7×
- Guardian ad Litem, James Seeger v. Richland School District TwoSupreme Court of South Carolina· 2025-01-23
Cites
4 cases in this archive are cited by this case.
- Milwaukee & Saint Paul Railway Co. v. KelloggSupreme Court· 1877-04-30· cited 880×
- Purcell v. St. Paul City Ry. Co.Supreme Court of Minnesota· 1892-01-18· cited 103×
- Meagher v. DriscollMassachusetts Supreme Judicial Court· 1868-03-15· cited 85×
- Bennett v. Lockwood & CarterNew York Supreme Court· 1838-10-15· cited 27×
Sourced from CourtListener / Free Law Project (CC0).
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