Molair v. Port Royal & Augusta Railway Co.

Citations

• 29 S.C. 152
• 7 S.E. 60
• 1888 S.C. LEXIS 122

Syllabus

<p>1. In the running of its trains, a railroad company must exercise ordinary care, such as prudent persons exercise in the management of their private affairs; and it is the absence of this degree of care which constitutes such negligence as will render the company liable for mules killed by a running train. The charge in this case having held the defendant company to a higher degree of care, a new trial was granted.</p> <p>2. Persons in charge of a running train of cars are not required to exer- , cise the same degree of vigilance as to stock on the track whore they arc prohibited from roaming at large as where they are not so prohibited ; and therefore the judge erred in instructing the jury that the stock-law had nothing to do with the case.</p> <p>3. The judge erred in submitting to the jury a question as to which there had been no testimony.</p>