35 S.C. 381 | S.C. | 1892
The opinion of the court was delivered by
The only question presented by this appeal is whether the Circuit Judge erred in overruling the demurrer based upon the ground that the complaint did not state facts sufficient to constitute a cause of action. Looking into the complaint for the purpose of determining this question, we find that the plaintiff was a passenger on defendant’s train and that her destination was High Point, in the County of Laurens, South Carolina, where she alleges she received injuries in getting off the train, by reason of defendant’s negligence, and she brings this action to recover damages for the injuries thus sustained. The allegations which are demurred to as insufficient to state any cause of action are those contained in the 4th, 5th, and 6th paragraphs of the complaint, which read as follows: “IV. That it was the duty of the defendant, common carrier, to have a suitable stopping place at the station at High Point, and to provide a foot-stool at the steps of said car for the use of passengers alighting from said train. V. That at the time aforesaid the defendant in carrying the said plaintiff as a passenger, negligently failed to stop its train at the usual stopping place at High Point, but stopped some distance from said usual stepping place, at a point where the distance from the steps of said train to the ground was considerable and unsafe; the said defendant, well knowing that the said plaintiff was a lady in delicate health, and that it was dangerous for said plaintiff to alight from the train without the use of the footstool which was not provided for her, although it was the duty and custom of the defendant so to provide. VI. That in consequence of the negligence of the defend