Madden v. Port Royal &c. Railway Co.

Citations

• 35 S.C. 381
• 14 S.E. 713
• 1892 S.C. LEXIS 168

Syllabus

<p>1. Complaint — Negligence.—In action to recover damages for personal injuries to the plaintiff, the complaint states facts sufficient if it alleges the injuries received by plaintiff, and facts from which negligence of the defendant may be reasonably inferred by the jury.</p> <p>2. Ibid. — Ibid.—A complaint states facts sufficient to constitute a cause of action where it alleges that the defendant, a railroad company, failed to stop its train at the usual place of stopping at the station to which plaintiff, a passenger, had bought her ticket, and provided no footstool, as was its custom, to assist her in getting off, knowing her to be in a delicate state of health, whereby, in the short time allowed her, she was forced to jump quite a distance to the ground and was thereby injured.</p> <p>3. Cases Criticised.' — Renneker v. South Carolina Railway Company, 20 S. C., 222, and Simms v. South Carolina Railway Company, 27 S. C., 271, approved, but held to be inapplicable to the facts of this case.</p> <p>4. Complaint — Probative Pacts.' — Allegation of defendant’s knowledge of plaintiff’s delicate condition was sufficient, without a statement of the probative facts to show such knowledge.</p>