Legal Opinion

Pooser v. Town of Salley

Supreme Court of South Carolina

Decided November 4, 1917No. 9823Published

Before MemmingEr, J., Aiken, October, 1916. Action by Mary J. Pooser against the Town of Salley. Judgment for nonsuit, and plaintiff appeals. cite: As to care due: 37 R. R. A. (N. S.) 1159. Issue for jury: 102 S. C. 83; 96 S. C. 467; 95 S. C. 305; 97 S. C. 333; 98 S. C. 51 and 129; 101 S. C. 256; 100 S. C. 109; 106 S. C. 130. cite: As to statutory liability: Civil Code, 1912, sec. 3053; 58 S. C. 417; [73 S. C. 254; 87 S. C. 277; 94 S. C. 377. Necessity for notice of defect:…

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Before MemmingEr, J., Aiken, October, 1916. Action by Mary J. Pooser against the Town of Salley. Judgment for nonsuit, and plaintiff appeals. cite: As to care due: 37 R. R. A. (N. S.) 1159. Issue for jury: 102 S. C. 83; 96 S. C. 467; 95 S. C. 305; 97 S. C. 333; 98 S. C. 51 and 129; 101 S. C. 256; 100 S. C. 109; 106 S. C. 130. cite: As to statutory liability: Civil Code, 1912, sec. 3053; 58 S. C. 417; [73 S. C. 254; 87 S. C. 277; 94 S. C. 377. Necessity for notice of defect: 2 Smith Munc. Corp. 1297, 1298, 1299, 1300, 1302, 1303, 1304, 1544 and 1545; 9 S. E., 17; 4 A. & E. Ann. Cas. 1000; 69…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Fraser.

Mrs. Pooser lives in the town of Salley. On her way from church one night, she was walking on a sidewalk across which there was a drain and over the drain there was a bridge. The dirt of the sidewalk was not even with the bridge and there was at the bridge an excavation made by the washing of water. Into this depression Mrs. Pooser stepped and fell, and received injuries for which this suit is brought. At the close of plaintiff’s testimony, the defendant moved for, and the trial Judge granted, a nonsuit. In granting the nonsuit the…

2Cases cited1 opinion

  1. Lancaster v. City of ColumbiaSupreme Court of South Carolina · 1916

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