Wallace v. Orangeburg Co.
Supreme Court of South Carolina
Before Gage, J., Orangeburg, March, 1910. Action by J. H. Wallace against Orangeburg County. From judgment for defendant, plaintiff appeals. oral argument. cites: To recover plaintiff must show bridge ivas part of highway: 34 S. C. 141; and that he did not bring about the injury or contribute thereto: Code 1902, 1347; 57 S. C. 302, and that the injury was occasioned by county’s neglect: Code 1902, 1347; 57 S. C. 302. Findings of facts below in such case is not reversible…
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Before Gage, J., Orangeburg, March, 1910. Action by J. H. Wallace against Orangeburg County. From judgment for defendant, plaintiff appeals. oral argument. cites: To recover plaintiff must show bridge ivas part of highway: 34 S. C. 141; and that he did not bring about the injury or contribute thereto: Code 1902, 1347; 57 S. C. 302, and that the injury was occasioned by county’s neglect: Code 1902, 1347; 57 S. C. 302. Findings of facts below in such case is not reversible here: 72 S. C. 312; 77 S. C. 414; 83 S. C 213.
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Gary.
This is an action for damages, alleged to have been sustained by the plaintiff, in consequence of an injury to his mule, caused by a defect in a bridge, forming part of the highway.
All issues were referred to a special referee, who reported that the defendant was not liable for damages, and that the complaint should be dismissed.
The plaintiff excepted to the report which was confirmed by the Circuit Court.
1 There is a single exception, which is as follows: “That the presiding Judge erred in not holding, that the said bridge was a part…
2Cases cited3 opinions
- Ritter v. Atlantic Coast Line R. R.Supreme Court of South Carolina · 1909
- McFail v. Barnwell CountySupreme Court of South Carolina · 1900
- Rippy v. SmithSupreme Court of South Carolina · 1907
3Cited by1 opinion
- Steverson v. Orangeburg CountySupreme Court of South Carolina · 1924