Starnes v. Miller

Lewis, Chief Justice:

The question to be decided in this appeal is whether the one-car accident in this case constituted a “transaction” within the meaning of Section 19-11-20, South Carolina Code of Laws 1976 (commonly referred to as the dead man statute), so as to render incompetent testimony of respondent, the sole surviver, relative to the identity of the driver and the speed of the vehicle at the time of the accident. The appeal is by the plaintiff from a jury finding that “neither party should recover from the other.”

Appellant’s intestate was one of those killed in the acci- . dent and…