53 S.C. 448 | S.C. | 1898
Lead Opinion
The opinion of the Court was delivered by
The plaintiff, as admin-istratix of her deceased husband, brought this action to recover damages from the defendant company, for the killing of her said husband by the alleged negligence of said defendant. It appears that the deceased was in the employ of the defendant company, working on the bridges and trestles of said railroad, under the direction of one Renfroe, who was charged with the duty of keeping said bridges and trestles in proper repair; that on Friday evening, the 3d September, 1897, the deceased, when they quit work for the day, started to go back up the road to see his wife, who was in a delicate situation, using a velocipede for the purpose, and going in a northerly direction toward Norway, a station on the road. Before reaching that point he was struck by a material train moving backwarks in a southerly direction, and thrown from the track, sustaining serious injuries from which he died on the following Monday. In the course of the testimony on behalf of the plaintiff, a witness, Brown, was asked if he knew how the deceased came from South Edisto — the place where he was working that evening. To which the reply was: “He started from there on foot, Mr. Renfroe told me so.” To this defendant objected, and the objection being overruled, to which excep-tiorj was taken, the witness proceeded to say: “Mr. Renfroe told me on Sunday morning that Garrick started from there on foot, and he called him back and told him to take
As to the fourth request, that was distinctly charged, and all that the Circuit Judge did was simply to go on and explain the nature of the contributory negligence on the part of the plaintiff, which would relieve the defendant from liability; and in this there was no error.
The third exception is in these words: “Because his Honor erred in his charge to the jury in stating as follows: ‘If there was gross carelessness or recklessness or wilfulness, then you may give what is known as punitive or smart money damages. So it is for you to say what damages should be awarded to her, if you find she is entitled to recover.’ ” This exception raises the main question in the case, and is the one to which the argument was principally directed. It is an entirely novel question — in this State, at least — and its solution depends upon the proper construction of the statute, under which alone can such an action as this be maintained.
We have not deemed it necessary to consider the cases cited from the other States, for the reason that they are not authority here, and for the further and- more important reason that such decisions were made under statutes differing from ours, and, therefore, afford no light in the construction of the language of our own statute, from which alone are we at liberty to ascertain the intention of our
After a very careful consideration and study of this case, we are of opinion that the Circuit Judge erred, as matter of law, in instructing the jury that “If there was gross carelessness or recklessness or wilfulness, then you may give what is known as punitive or smart money damages,” as the statute, which alone authorizes the bringing of this action, does not contemplate or permit damages of that character to be awarded in such a case as this.
Dissenting Opinion
dissenting. I cannot concur in the opinion of Mr. Chief Justice Mclver, as it seems to me it was the intention of the statute under which this action was brought that the representatives of a person killed by the wrongful act, neglect or default of another should have the right to recover any kind of damages which could have been recovered if death had not resulted from the wrongful act.