Legal Opinion

Mitchell v. Leech

Supreme Court of South Carolina

Decided July 14, 1904PublishedCited by 13 opinions

Before Townsend, J., York, November, 1903. Action by Samuel W. Mitchell against Joseph W. Leech, Dennis Whisonant, Samuel Leech, and Sovereign Camp of the Woodmen of the World.

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Before Townsend, J., York, November, 1903. Action by Samuel W. Mitchell against Joseph W. Leech, Dennis Whisonant, Samuel Leech, and Sovereign Camp of the Woodmen of the World. From judgment for plaintiff, defendants appeal. cite: Court must construe written instruments: 17 S. C., 479 ; 19 S. C., 124; 22 S. C., 279; 31 S. C., 378; 32 S. C., 123; 34 S. C., 217; 39 S. C., 389; 63 S. C., 422. Expert may be examined as to how far standard authors sustain or conflict with his opinion: 20 S. C., 451; McKelvey on Ev., 188. Sovereign Camp not responsible for acts of local camp: 7 On. R. Q. B. D.,…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Gary.

This is an action for damages sustained by the plaintiff, on the night of his initiation into a subordinate camp of Woodmen of the World, in consequence of the use of a mechanical goat. The jury rendered a verdict in favor of the plaintiff for $1,000.

The assignments of error are as follows:

“1. Because it is respectfully submitted that his Honor, the presiding Judge, erred as a matter of law in charging the jury as follows: ‘Now, it is argued here by the plaintiff that the subordinate camp is a constituent part of the Sovereign Camp.…

2Cases cited3 opinions

  1. Knights of Pythias v. WithersSupreme Court of the United States · 1900
  2. Blackwell v. British American Mtg. Co.Supreme Court of South Carolina · 1902
  3. Hutchison v. Rock Hill Real Estate & Loan Co.Supreme Court of South Carolina · 1902

3Cited by13 opinions

  1. International Printing Pressmen & Assistants' Union v. SmithTexas Supreme Court · 1946
  2. Ballou v. Sigma Nu General FraternityCourt of Appeals of South Carolina · 1986
  3. Bogenberger v. Pi Kappa Alpha Corporation, Inc.Illinois Supreme Court · 2018
  4. Tilghman v. . R. R.Supreme Court of North Carolina · 1916
  5. Ruth v. FenchelNew Jersey Superior Court Appellate Division · 1955

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