Legal Opinion

Kilpatrick v. City of Spartanburg

Supreme Court of South Carolina

Decided July 12, 1915No. 9129PublishedCited by 7 opinions

Before Moore, J., Spartanburg, Action by Arthur Kilpatrick against the City of Spartan-burg and others and D. D. Dunbar and P. A. Dunbar.

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Before Moore, J., Spartanburg, Action by Arthur Kilpatrick against the City of Spartan-burg and others and D. D. Dunbar and P. A. Dunbar. Prom a judgment against the last named defendants, they appeal on the following exceptions: His Honor, the presiding Judge erred: 1. In refusing the defendants’ motion for a nonsuit upon the grounds stated, and thereby holding that there was evidence of negligence by the defendants constituting a proximate cause of the injuries to plaintiff, and in not holding that plaintiff was precluded from recovering by having shown contributory negligence. 2. In…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. ChiEE Justice Gary.

The facts are thus substantially stated by appellant's attorneys:

1 “Plaintiff rented from defendants a house on North Liberty street, in the city of Spartanburg, and, together with two other families, was living in it. Under defendant’s deed properly recorded a short time prior to beginning of plaintiff’s tenancy, they owned lot upon which house is located, extending eastward to a -line 15 feet west of the outer edge of the Liberty street sidewalk, as it existed at the time plaintiff’s tenancy began; the 15 feet being reserved in…

2Cases cited3 opinions

  1. Cooper v. Richland CountySupreme Court of South Carolina · 1907
  2. Berger v. Charleston Consolidated Railway, Gas & Electric Co.Supreme Court of South Carolina · 1913
  3. Snipes v. Atlantic Coast Line R. R.Supreme Court of South Carolina · 1907

3Cited by7 opinions

  1. Sandel v. StateSupreme Court of South Carolina · 1920
  2. Cirsosky v. SmathersSupreme Court of South Carolina · 1924
  3. Horne v. Atlantic Coast Line R. Co.Supreme Court of South Carolina · 1935
  4. Wilson v. Clarendon CountySupreme Court of South Carolina · 1927
  5. Hall v. United StatesDistrict Court, D. South Carolina · 1974

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