Mishoe v. Atlantic Coast Line Railroad Co.

Mr. Acting Associate Justice R. O. Purdy

(dissenting) : At a former trial of this case there was a verdict and judgment for the plaintiff, and, on appeal to this Court, the judgment was reversed. 124 S. C., 195; 117 S. E., 217. On coming on to be tried again, there was a verdict for the plaintiff for the actual damages, and the defendant appealed.

The pleadings are very lengthy, and are fully set out in the case on the first appeal, and will not be here repeated, but, in considering the case, we are adopting the short statement made by the late Mr. Justice Fraser on that appeal:

“The plaintiff…