41 S.C. 440 | S.C. | 1894
The opinion of the court was delivered by
This case has been in this court before. See Madden v. Railway Company, 35 S. C., 382. When the case went back, the plaintiff was allowed to amend her complaint; and alleged as follows:
“I. That the defendant, the Port Royal and Western Carolina Railway Company, is a body politic and corporate under the laws of the State of South Carolina, and is competent to sue and be sued in this State; that it owns property and operates Gains within the limits of this State. II. That said defendant is, and was at the time hereinafter stated, a common carrier of passengers thereupon for hire between the places hereinafter mentioned, to wit: Laurens Court House, South Carolina, and High Point, South Carolina. III. That on April 29, 1890, the defendant received the plaintiff iuto one of its passenger cars, for the purpose of carrying her therein and upon said railroad, as a passenger from Laurens Court House to High Point, in said county and State, for the sum of forty-five cents, paid to the defendant by the plaintiff. IV. That*451 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 passenger, negligently failed to stop its train at the usual stopping place at High Point, but stopped some distance from said usual stopping 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 foot-stool, which was not there provided for her, although it was the duty and custom of the defendant so to provide, and defendant’s servants then and there instructed her to alight from said train. VI. That in consequence of the negligence of the defendant as aforesaid, and in consequence of said train stopping only a short time, the plaintiff, at said time and place, in alighting from said train to the ground (in pursuance of said instructions) a considerable distance, and in so doing was injured in her person by the displacement of her womb, and by the formation of a large abscess behind the bowels, as well as in other respects, and that her said injuries are of a permanent character. VII. That by reason thereof, the plaintiff became for a long time ill, and was obliged to engage a skilled physician,' and is still under medical treatment, and was prevented from attending to her duties, and was made sick, sore, lame, and disabled, and was otherwise injured, to her damage ten thousand dollars, &c., $10,000.”
The defendant company interposed a general denial,- and for “a second defence alleges that the plaintiff, if injured at all, was injured solely by reason of her own negligence, in that plaintiff, having full knowledge of her own physical condition, and having full knowledge of the character of the place where plaintiff alighted from the cars of defendant, and having full knowledge of the danger of so alighting, nevertheless voluntarily alighted in such place, and while in such delicate condition, without any compulsion on the part of defendant or any of its servants.
The cause came on to be heard by Judge Norton and a jury. The. testimony is all in the record. . The defendant made many requests to charge. The judge made a full and careful charge — • first, on the law of the whole case, as if there had been no requests, and then second, taking up the requests, some of which he charged, others with modifications, and still others he refused — those which he had already charged, or assumed the existence of facts foreign to the case. The jury found for the plaintiff $5,000. The defendant made a motion for a new trial on the minutes of the court, which being refused, they now appeal to this court upon numerous exceptions (forty in number), alleging errors of law in charging, refusing to charge, and in statements and rulings of the court. The exceptions are not only numerous, but long and argumentative — consisting largely of extracts, detached from the contexts of the charge, and covering more than ten printed pages of the record; so that it is utterly impossible, within reasonable compass, to consider them seriatim; but we will endeavor to consider all the real points made, by grouping the exceptions in something like what seems to be their natural order.
Exceptions 1, 2, 5, 6, 7,15,17, and 18, grouped in appellant’s argument here as “Class I.,” make objections to those parts of the chai'ge in which, as alleged, the judge failed to represent correctly to the jury the issues to be tried by them.
The judgment of this court is, that the judgment of the Circuit Court be affirmed.