Supreme Court of South Carolina, 1924

Bennett v. A. C. L. Railroad

Bennett v. A. C. L. Railroad
Supreme Court of South Carolina · Decided June 9, 1924 · Watts, Messrs, Eraser, Cothran, Marion, Chiee, Gary
123 S.E. 327; 129 S.C. 13; 1924 S.C. LEXIS 6 (South Eastern Reporter)

Bennett v. A. C. L. Railroad

Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Watts.

This is an appeal from an order of nonsuit granted by his Honor, Judge Memminger, at Barnwell, Spring term. 1923.

The exceptions, three in number, allege error. We see no error. According to his own testimony, the plaintiff was asleep when he reached his destination, Orangeburg. When he arrived at the coal chute, and was told where he was, he, of his own volition, disembarked from the train; he was not required to do so. He saw the trestle, for he says when he saw it he turned back and attempted to catch the train, but it pulled out before he got to it, and he then attempted to walk the trestle, and fell off. The whole evidence fails to show any actionable negligence against the railroad. Appellant’s negligence was the sole cause of his injury.

The exceptions are overruled, and judgment affirmed.

Messrs. Justices Eraser, Cothran and Marion concur. Mr. Chiee Justice Gary did not participate.

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