Wyman v. Atlantic Coast Line Railroad

Citations

• 115 S.C. 138
• 104 S.E. 542

Syllabus

<p>1. Railroads — Objection- on Ground op Federal Control Waived.— Defendant railroad, sued for injuries to plaintiff at a crossing, by failing to interpose objection to suit that at the time of the accident it was under the control of its codefendant, the Federal Director General of Railroads, and by failing to interpose demurrer on the ground the allegations of the complaint were insufficient to constitute a cause of action against it, held to have waived the objection that it was in the control of the Federal Director General.</p> <p>2. Appeal and Error — Error as to Railroad Sued When Under Federal Control Harmless, in View of Instruction. — In an action against a railroad for injuries at a crossing, where the Court charged at the request of defendant that as between defendant and the Federal Director General any recovery by plaintiff would be paid by the United States government, and not by defendant, any error in the case because the road at the time of the accident was under Federal control was harmless to it.</p> <p>3. Costs — Plaintiff Not Entitled to Tax Disbursements for Printing Unnecessarv Record. — Where the record contains 44 pages, the exceptions are about 3 pages, and the charge and requests of the plaintiff and defendants, which were entirely unnecessary, about 15 pages, plaintiff is not entitled to tax disbursements for printing the record, or any part thereof, against defendants, who objected to the unnecessary matter, and appealed from order settling the record.</p>