Settlemeyer v. Southern Railway
Supreme Court of South Carolina
Before Memminger, J., Second appeal in action by W. L. Settlemeyer against Southern Railway — Carolina Division. The former appeal is reported in 91 S. C. 147, 74 S. E. 137. This appeal is by defendant from a judgment in favor of plaintiff.
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Before Memminger, J., Second appeal in action by W. L. Settlemeyer against Southern Railway — Carolina Division. The former appeal is reported in 91 S. C. 147, 74 S. E. 137. This appeal is by defendant from a judgment in favor of plaintiff. The charge of the trial Judge was as follows: Now, Mr. Foreman, and gentlemen of the jury, you gentlemen have héard all of the evidence in this case, and you have had the benefit of the arguments of the lawyers covering a period of three hours this morning, and now it will be for you gentlemen as the jury to decide this case upon the facts under the rules…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Gage.
1 The record is too voluminous; there are one hundred pages of testimony; little of it relevant to the issues made by the exceptions; four-fifths of it might have been omitted, to the advantage of everybody, but especially to the litigants.
The plaintiff got a verdict against the defendant for twenty-five hundred ($3,500.00) dollars, darfiages to the person. The defendant appeals. The cause has hitherto been here. 91 S. C. 147, 74 S. E. 137.
The delict charged against the defendant is that it left a box car, or cars, on its tracks, near…
2Cases cited3 opinions
- Settlemeyer v. Southern RailwaySupreme Court of South Carolina · 1912
- Thompson v. RailwaySupreme Court of South Carolina · 1908
- Dobson v. Receivers of S. A. L. Ry.Supreme Court of South Carolina · 1912
3Cited by2 opinions
- Lyles v. FellersSupreme Court of South Carolina · 1926
- Barton v. Southern Ry. Co.Supreme Court of South Carolina · 1933