Templeton v. C. & W. C. Ry. Co.
Supreme Court of South Carolina
Befor'e Bowman, J., Allendale, February, 1920. Action by Isaac Templeton against Charleston & Western Carolina Railway Co. Judgment for plaintiff and defendant appeals. cite: Statements of Bing were not part of res gestae and not zvithin scope of his agency and were incompetent: 53 S. C., 448 ; 27 S. C., 64; 62 S. C., 129. Error in admission of testimony not properly cured by Judge: 108 S. C., 195; 180 U. S., 552; 172 U. S., 534; 156 U. S., 361; 120 U. S., 438. Error in…
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Befor'e Bowman, J., Allendale, February, 1920. Action by Isaac Templeton against Charleston & Western Carolina Railway Co. Judgment for plaintiff and defendant appeals. cite: Statements of Bing were not part of res gestae and not zvithin scope of his agency and were incompetent: 53 S. C., 448 ; 27 S. C., 64; 62 S. C., 129. Error in admission of testimony not properly cured by Judge: 108 S. C., 195; 180 U. S., 552; 172 U. S., 534; 156 U. S., 361; 120 U. S., 438. Error in charging jury on facts that would constitute negligence: 94 S. C., 341; 76 S. C., 63 ; 7,1 S. C., 159. Where incompetent…
1Opinion of the Court
The, opinion of the Court was delivered by
Mr. Justice Cothran.
This is an appeal from a judgment of $5,000, entered upon a verdict in favor of the plaintiff, on account of personal injuries sustained by him in a collision between the engine upon which he was temporarily riding and a string of box cars, which had been placed upon a side track, and which ran down the side track, ‘/side-wiping” the engine on the main line as it passed the switch. The injury occurred near Appleton, in Allendale County, on December 14, 1917. The trial was before Judge Bowman and a jury at Allendale, February 4,…
2Cases cited14 opinions
- Throckmorton v. HoltSupreme Court of the United States · 1901
- Swank v. ElwertOregon Supreme Court · 1910
- Cable Piano Co. v. Southern Ry.Supreme Court of South Carolina · 1913
- Rookard v. Atlantic & Charlotte Air Line Ry. Co.Supreme Court of South Carolina · 1909
- Oates v. United StatesCourt of Appeals for the Fourth Circuit · 1916
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3Cited by22 opinions
- Funderburk v. PowellSupreme Court of South Carolina · 1936
- State v. BighamSupreme Court of South Carolina · 1926
- Powers v. RawlsSupreme Court of South Carolina · 1922
- Williams v. Western Union Telegraph Co.Supreme Court of South Carolina · 1927
- Young v. Corbitt Motor Truck Co.Supreme Court of South Carolina · 1929
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