Martin v. Southern Ry.

Citations

• 51 S.C. 150
• 28 S.E. 303
• 1897 S.C. LEXIS 65

Syllabus

<p>1. Railroads — Trespasser—Passenger — Nonsuit. — There being some evidence tending to show that plaintiff was a passenger and not a trespasser on defendant’s train, nonsuit was properly refused. Following Littlejohn v. R. R., 49 S. C., 12.</p> <p>2. Ibid. — Ibid.—Ibid.—When a person with a ticket, and with the intention to ride as a passenger, boards the train upon which his ticket entitles him to ride, even at an unusual time and place, he is entitled to the rights of a passenger to the extent of not being mistreated by the employees.</p> <p>3. Charge — Negligence.—Portions of charge excepted to do not give-correct idea of charge on question of negligence.</p> <p>4. Pleading — Contributory Negligence is a defense which must be specifically pleaded. Following Wilson v. R. R., ante, 79.</p>