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· 7/9/1896

Spires v. South Bound Railroad

Citations

  • 47 S.C. 28
  • 24 S.E. 992
  • 1896 S.C. LEXIS 92

Syllabus

<p>1. Pleading — Complaint—Negligence.—Where a complaint is general in its allegations of negligence, and the defendant does not move to have the allegations made more definite and certain, the plaintiff ■may introduce, under the general allegation, any competent evidence to support the charge of negligence.</p> <p>2. Negligence — remedy—Railroads—Case Followed. — The remedy which the statute provides for a person sustaining injury through the negligence of a railroad company failing to ring the bell or blow the whistle, does not supersede the common law remedy, but is only cumulative. Kaminitsky v. R. J?., 25 S. C., 53, followed.</p>

Judges: Gary, Lexington

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