Gue v. Wilson
Supreme Court of South Carolina
Before Gary J. Orangeburg October Term 1909. Action by Benj. P. Gue against Durham S. Wilson. From judgment for plaintiff, defendant appeals. cite: There being no evidence of negligence, verdict should be set aside: 54 S. C. 405; 51 S. C. 296. Recovery ccnno.t be had for act of negligence not alleged: 45 S. C. 278. cite: Evidence shows negligence: 78 S. C. 251; 1 L. R. A, N. S. 226; 116 Ky. 960; 82 S. C. 252. In absence of motion for nonsuit or to direct a verdict, Court…
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Before Gary J. Orangeburg October Term 1909. Action by Benj. P. Gue against Durham S. Wilson. From judgment for plaintiff, defendant appeals. cite: There being no evidence of negligence, verdict should be set aside: 54 S. C. 405; 51 S. C. 296. Recovery ccnno.t be had for act of negligence not alleged: 45 S. C. 278. cite: Evidence shows negligence: 78 S. C. 251; 1 L. R. A, N. S. 226; 116 Ky. 960; 82 S. C. 252. In absence of motion for nonsuit or to direct a verdict, Court cannot consider issues of fact: 84 S. C. 484; and may charge law applicable to punitive damages: 72 S. C. 411; 79 S. C.…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Chief Justice Jones.
This appeal is from verdict and judgment for $1,000 in favor of plaintiff against defendant in an action at common law to recover damages for injuries to plaintiff’s person and his horse and buggy resulting from a collision on a bridge over Edisto River on the public highway with an automobile alleged to have been negligently and recklessly operated by defendant.
A motion for new trial was made and refused.
1 The first and third exceptions assign error in refusing new trial because there was evidence neither of negligence, nor of…
2Cases cited8 opinions
- Indiana Springs Co. v. BrownIndiana Supreme Court · 1905
- Shinkle v. McCulloughCourt of Appeals of Kentucky · 1903
- International & Great Northern Railroad v. StartzTexas Supreme Court · 1903
- Jennings v. Edgefield Mfg. Co.Supreme Court of South Carolina · 1905
- Entzminger v. Seaboard Air Line Ry.Supreme Court of South Carolina · 1908
3 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Fisher v. J.H. Sheridan Co., Inc.Supreme Court of South Carolina · 1936
- Tyler v. HooverNebraska Supreme Court · 1912
- Sanders v. Charleston & Western Carolina Ry.Supreme Court of South Carolina · 1913