Watkins v. South Carolina Western Ry.
Supreme Court of South Carolina
Gage, J., Darlington, April, 1913. Action by George E. Watkins against South Carolina Western Railway. From judgment for plaintiff, defendant appeals. The facts were stated in the case, as follows: “This action was commenced on June 1, 1912, by due service of a summons and complaint.
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Gage, J., Darlington, April, 1913. Action by George E. Watkins against South Carolina Western Railway. From judgment for plaintiff, defendant appeals. The facts were stated in the case, as follows: “This action was commenced on June 1, 1912, by due service of a summons and complaint. The plaintiff seeks both actual and punitive damages for injuries alleged to have been sustained by him on the afternoon of May 4, 1912, by reason of the negligent, reckless, wanton and wilful conduct of the defendant, its agents and servants, then and there acting within the scope of their agency: (1) In failing…
1Opinion of the Court
The opinion of the Court was delivered, after reciting the foregoing statement of facts, by
Mr. Justice Fraser.
The questions raised by the exceptions as condensed by appellant are as follows:
Did his Honor err in refusing defendant’s motion for a continuance ?
1,2 The appellant admits that a continuance was within his Honor’s discretion, but urges an abuse of discretion. It does not appear that there was an abuse of discretion. Besides this, the motion was for a continuance for one day to enable the appellant’s witness to reach the place of trial. It appears that the witness did not appear on…
2Cases cited1 opinion
- Moore v. Greenville Traction Co.Supreme Court of South Carolina · 1913
3Cited by1 opinion
- O'Connor v. Vermont Transit Co., Inc.Supreme Court of Vermont · 1949