Legal Opinion · Dissent

Mitchum v. Seaboard Air Line Railway

Supreme Court of South Carolina

Decided April 11, 1921No. 10583Published

Before TownsEND, J., Berkeley, December, 1919. Action by Sam Mitchum against Seaboard Air Dine Railway for fire damage. Prom judgment for plaintiff the defendant appeals. cite: Action under Sec. 3226, 1 Civil Code: Testimony of sparks from a locomotive “not long” before the fire inadmissible : 87 S. C. 178. No testimony to show fire originated from sparks from appellant’s engine or within its right-of-way and nonsuit should have, been granted: 31 S. C. 378; 41 S. C. 86; 41…

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Before TownsEND, J., Berkeley, December, 1919. Action by Sam Mitchum against Seaboard Air Dine Railway for fire damage. Prom judgment for plaintiff the defendant appeals. cite: Action under Sec. 3226, 1 Civil Code: Testimony of sparks from a locomotive “not long” before the fire inadmissible : 87 S. C. 178. No testimony to show fire originated from sparks from appellant’s engine or within its right-of-way and nonsuit should have, been granted: 31 S. C. 378; 41 S. C. 86; 41 S. C. 285;'99 S. C. 417; 107 S. C. 367; 103 S. C. 1. cite: Judge was correct in submitting question of origin of fire to…

1Dissent

Mr. Justice Cothran,

(dissenting in part:) I concur in the disposition of. the question of evidence as to the other fires set by the engines of the defendant, upon the ground that the objection-was not accompanied by a statement of the grounds thereof. Upon the merits of the question raised I prefer that the Court should reaffirm the decision of this Court in the case of McGill Bros. v. Railway Co., 87 S. C. 178, 69 S. E. 156.

Upon the main point of the appeal, alleged error m refusing motions for nonsuit and directed verdict, I dissent from the conclusions reached by the majority of the Court,…

2Cases cited1 opinion

  1. McGill Bros. v. Seaboard Air Line Ry.Supreme Court of South Carolina · 1910

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