Legal Opinion

Berry v. City of Greenville

Supreme Court of South Carolina

Decided November 3, 1909No. 7355PublishedCited by 5 opinions

Before DeVorE, J., Greenville, Action by Mary C. Berry against City of Greenville and City Council of Greenville. From judgment for plaintiff, defendants appeal. cites: As to charge on facts, 47 S. C„ 533 ; 51 S. C., 460; 61 S. C„ 556. Street may not be in good condition, but yet free of defects: 43 S. C., 399. cites: One injured is only required to use ordinary care in procuring the services of a physician: Watson on Damages, sec. 136, 166, note 1.

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Woods.

On the night of 4th of August, 1907, as the plaintiff was leaving the Baptist Church in Greenville on her way home, she fell and was injured by stepping into a hole on the sidewalk of McBee avenue, in front of the church. She recovered judgment against the city of Greenville under the allegation that the hole was a defect caused by the neglect or mismanagement of the municipality.

1 The first exception alleges error in allowing counsel to ask plaintiff this question: “Tell the Court and jury whether or not, in walking from the steps…

2Cases cited5 opinions

  1. Louisville, New Albany & Chicago Railway Co. v. FalveyIndiana Supreme Court · 1885
  2. McGarrahan v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1898
  3. Fullerton v. FordyceSupreme Court of Missouri · 1898
  4. Spriggs v. CommonwealthCourt of Appeals of Kentucky · 1902
  5. City of Peru v. BartelsIllinois Supreme Court · 1905

3Cited by5 opinions

  1. Bessinger v. De LoachSupreme Court of South Carolina · 1956
  2. Bruce v. City of SpartanburgSupreme Court of South Carolina · 1938
  3. Lynch v. City of SpartanburgSupreme Court of South Carolina · 1927
  4. Corry v. City of ColumbiaSupreme Court of South Carolina · 1911
  5. Sullivan v. Omaha & Council Bluffs Street Railway Co.Nebraska Supreme Court · 1955

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