41 S.C. 415 | S.C. | 1894
The opinion of the court was delivered by
This action was brought by the plaintiff, J. H. Bouknight, to recover damages against the defendant, the Charlotte, Columbia and Augusta Railroad Company, for personal injuries and suffering, which he alleges he has sustained by the carelessness and negligence of the defendant company while a passenger on its train. The Circuit Judge summarizes the general facts as follows: “The plaintiff submits but one cause of action, but one ground of complaint — that on November 24,1891, in the city of Augusta, while standing on the front platform of the parlor car, or sleeping car, attached to the train of the defendant’s road, leased by the Richmond and Danville Company, through the carelessness, as alleged, of the employees of the Richmond and Danville Company, lessees, there was a collision between the
The defendant, the Charlotte, Columbia and Augusta Railroad Company, answered, denying that the plaintiff received the injury complained of through the negligence and carelessness of the railroad employees, and alleges that plaintiff received the injury complained of through and by reason of his own contributory negligence in failing to observe the instructions of the conductor of the said train to remain upon the ground until the cars were attached. And that the defendant, the Charlotte, Columbia and Augusta Railroad Company, on May 1st, 1886, had leased this road to the Richmond and Dan-ville Railroad Company, a corporation of the State of Virginia; and that thereupon, and after said date, the said Richmond and Danville Railroad Company took possession of the property and franchises so leased to it, and, at the times mentioned in the complaint, was in the full and complete control and management of said property and franchises, and this defendant has had nothing whatever to do with the same, and has only maintained its corporate organization, and nothing more, &c.
At the trial, and before plaintiff’s counsel had read the complaint, the defendant’s counsel moved for an order requiring the plaintiff to elect upon what cause of action of his complaint he would proceed, there appearing, as alleged upon the face of the complaint, several causes of action, which were improperly blended in one statement. The presiding judge refused the motion, stating that as counsel had admitted that no claim for punitive damages would be made, he did not consider that two causes of action had been stated in the complaint. The complaint was then read to the jury, and thereupon the defend
Then the testimony was offered, which is all printed in the Brief. When the plaintiff rested, the defendant’s counsel moved for a non-suit, which was refused. The defendant made a number of “requests” to charge; but as they are unusually long, and most of them were charged, it will not be necessary to consider them, except in so far as specific objections appear in the exceptions filed. Under a very full and careful charge, the jury found a verdict for the plaintiff for thirteen thousand one hundred and twenty-five dollars. A motion for a new trial on the minutes of the court was made, and a new trial nisi granted— that is to say, unless within a certain time the plaintiff should remit on the record all above the sum of ten thousand dollars. The plaintiff did remit, as required, all of said verdict except the aforesaid sum of ten thousand dollars. From this judgment so rendered, the defendant corporation appeals to this court upon numerous exceptions, which are all in the Brief.
But assuming that this doctrine is settled in this State, as to injuries inflicted on the road proper of the lessor company, exceptions 7 and 11 make the further question that the Charlotte, Columbia and Augusta Railroad Company is not liable to the plaintiff, for the reason that the injury complained of occurred at a point beyond the terminus proper of its own line, just across the Savannah River at Reynolds street. To be able to understand this point clearly, it will be necessary to make a short statement. The Charlotte, Columbia and Augusta Railroad Company was chartered by the State of South Carolina, to extend “from &c. to or near the town of Hamburg, in the State of South Carolina, and (if the said company shall be chartered by the State of Georgia) to cross the Savannah River at or near the city of Augusta, in the State of Georgia, and to connect with the Georgia Railroad in the said city of Augusta.” It is admitted that this charter was granted by the State of Georgia. There was testimony tending to show that the railroad crossed the river into the State of Georgia, and had its terminus at Reynolds street, some three-fourths of a mile short of the Georgia Railroad and the Union Depot in the city of
This was the established condition of the matter from 1870 until May 1, 1886, when the Charlotte, Columbia and Augusta Company leased their road to the Bichmond and Danville Company, the lease containing, among others, these terms: “Together with all franchises, additions, sidings, and turnouts thereof, now owned or which may be hereafter acquired, and all rails, * * rights of way, * * station offices, depots, * * tracks, and all lands and hereditaments whatsoever of the said railroad now owned, or which may hereafter be acquired, and which are now or may at any time hereafter be used for. the purpose of operating the said railway or conducting the business thereof, * * and all the rolling stock, and corporate rights, privileges, functions, * * of said company of any kind, and all streets, ways, easements, permits, licenses, liberties, and appurtenances whatsoever,” &c. It appeared that under this lease the Bichmond and Danville Company took possession of all the property, rights, and easements of the leasing company, and operated and used them in the same way and manner as the Charlotte, Columbia and Augusta Company had done before the execution of the lease, and was so using and operating the aforesaid track near the Union Depot for passengers, when the plaintiff received the injuries complained of, &c.
His honor, the presiding judge, charged as follows: “If you believe from the evidence that at the time the Bichmond and Danville Company leased the Charlotte, Columbia and Augusta .Boad, that the former had the privilege of going into the Union Depot, a privilege from the Georgia Bailroad or the proper authorities there to go in under that shed of the Union Depot, to use the track there, and that under this lease they continued to exercise that privilege, just as "the Charlotte, Columbia and Augusta Company had done, and there was no break at all in the arrangement, then I charge you that the Charlotte, Colum
The judgment of this court is, that the judgment of the Circuit Court be affirmed, and the appeal dismissed.