Wade v. Columbia Electric &c. Co.

Citations

• 51 S.C. 296
• 29 S.E. 233
• 1898 S.C. LEXIS 34

Syllabus

<p>1. Railroads — Passengers—Damages.—If a railroad company discharges with due diligence, and in a suitable manner, all its duties towards its passengers, it will not be liable to a passenger for injuries, when they arise from (1) an act over which the company has no control, (2) the conduct or misconduct of the passenger, to which the company did not contribute, or (3) the misconduct of the passenger, which is the primary cause.</p> <p>2. Negligence — Circuit Judge — Juries and Jury Trials. — When only one inference can be drawn from a given state of facts, the Court must decide if they constitute negligence; but when several inferences may be drawn from them, the question of negligence is for the jury.</p> <p>3. Railroads — Passengers—Damages.—If a passenger’s injury result from a rash apprehension of danger, which did not exist, and the injury which he sustains is attributable to rash conduct on his part, he cannot recover for such injury.</p> <p>4. Charge — Appeal.—A party cannot object if a Judge charges, upon his request, a proposition not responsive to the issues in the case, or if he charges such proposition in terms other than those of the request.</p> <p>5. Punitive Damages. — The rule as to punitive damages correctly stated.</p>