45 S.C. 181 | S.C. | 1895
The opinion of the Court was delivered by
This action came on for trial at the August, 1893, term of the Court of Common Pleas for Spartanburg County, before his Honor, Judge Wallace, and a jury. By the findings, it was alleged that the plaintiff, on the 19th August, 1891, while passing between a-train of freight cars drawn by an engine of defendant (who was lessee of the Air Line Railroad), in the town of Gaffney, in this State, was so injured by said cars that a portion of his foot was amputated; that when the plaintiff started to pass between said cars the train was stationary, and had been so for ten or fifteen minutes preceding, his effort to cross; that the defendant’s train was put in motion by the engine drawing the same without any warning being given, either by blowing the whistle or ringing the bell, as the law requires, and that where the plaintiff attempted to cross between the cars was on a public highway leading to his home from said town of Gaffney, and that defendant’s train of cars was across this highway.
The defendant admitted the control of said Air Line Railroad, and that it operated the same by its engine and cars, both passenger and freight; but it denied all the facts as to the injury of the plaintiff, and claimed if he was ever injured, it was occasioned by his own fault.
It is the judgment of this Court, that the judgment of the Circuit Court be reversed, and the cause remánded for a new trial.