Powe v. A.C.L.R. R. Co.

(dissenting) : Upon the former trial of the case, the defendant moved for a directed verdict upon the ground that the evidence as to the cause of decedent’s death was wholly speculative and insufficient to show the proximate cause of his death.

In overruling the exceptions raising this issue, the Court in the opinion reported in 149 S. C., 89, 146 S. E., 663, 672, made the following observations, in which I have italicized the evidence which appeared in that trial and which did not appear in this:

“We have already called attention to some of the evidence given in this case; we do not deem it…