Williams v. Southern Ry.

Citations

• 68 S.C. 369

Syllabus

<p>1. Evidence — Railroads—Crossings.—In an action for negligent killing by a railroad corporation at a crossing, defendant alleging negligence and contributory negligence of deceased, it is proper to rule out evidence as to other boys playing on the crossing.</p> <p>2. Evidence — Res Gestae. — Declarations of party injured as soon after injury as those standing near, who saw it, could run to him, properly admitted as part of res gestae.</p> <p>3. Negligent Killing. — Charge complained of as to the proof necessary to warrant the jury in finding that death was caused by negligence of another, held not to be misleading so as to cause the jury to infer that liability for the death arose, in case the death was caused by the accident rendering the injured less liable to withstand the ravages of disease.</p>