Mishoe v. Atlantic Coast Line Railroad Co.

The opinion of the Court was delivered by

Mr. Justice Marion.

My concurrence in the opinion of the Court, delivered by Mr. Justice Fraser, on the first appeal (124 S. C., 195; 117 S. E.., 217), was limited to a concurrence in the view that there was reversible error in the charge of the Circuit Judge in the particular considered in that opinion. I then stated that I was “not prepared to agree that the verdict should have been directed for the defendant.”

While, as suggested by Mr. Acting Justice Purdy, the testimony tending to rebut any presumption or inference of negligence on the part of the…