50 S.C. 49 | S.C. | 1897
The opinion of the Court was delivered by
This case was commenced in February, 1896, and came on for trial at the October (1896) term of the Court of Common Pleas for Union County before his Honor, Judge Gary, and a jury. The complaint alleges: (1) The corporate existence of the defendant. (2) That on the 30th day of November, 1895, the plaintiff was the owner and possessor of a horse of the value of $50, which casually and without the fault of the plaintiff strayed in and upon the track and ground occupied by the railroad of the said defendant. (3) That the said defendant, by its agents and servants, not regarding its duty in that respect, so carelessly and negligently ran and managed the said locomotive and cars, that the same ran against and over the said horse of the plaintiff and killed and destroyed the same, to the damage of the plaintiff $50.
It is the judgment of this Court, that the judgment of the Circuit Court be reversed, and the case remanded to that Court for a new trial.