Legal Opinion

Burns v. Kendall

Supreme Court of South Carolina

Decided January 14, 1914No. 8726PublishedCited by 1 opinion

Before F. B. Gary, J., Richland, May term, 1913. Action by Ruby Burns by guardian against Francis D. Kendall. Defendant appeals. cites: Defendant’s denial that his act cathsed the collision raised an issue on that-point for the jury: 85 S. C. 271; 68 S. C. 162. Issue of proximate cause is for jury: 90 S. C. 281; 83 S. C. 359. If defendant’s negligence contributed as a proximate cause, plaintiff is not entitled to recover: 29 S. C. 101; 30 S. C. 166; 61 S. C. 355; 59 S. C.…

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Before F. B. Gary, J., Richland, May term, 1913. Action by Ruby Burns by guardian against Francis D. Kendall. Defendant appeals. cites: Defendant’s denial that his act cathsed the collision raised an issue on that-point for the jury: 85 S. C. 271; 68 S. C. 162. Issue of proximate cause is for jury: 90 S. C. 281; 83 S. C. 359. If defendant’s negligence contributed as a proximate cause, plaintiff is not entitled to recover: 29 S. C. 101; 30 S. C. 166; 61 S. C. 355; 59 S. C. 322. cite: Reckless disregard of duty carries issue of punitive damages to jury: 91 S. C. 541;.93 S. C. 552; 92 S. C. 75.…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Watts.

This is an appeal from a judgment in favor of the plaintiff for $1,000, rendered in May, 1913. The action was by the plaintiff for the purpose of recovering-actual and punitive damages alleged to have been inflicted on her by the defendant in running an automobile against her which plaintiff alleged was not only negligently done, but recklessly, wilfully, and wantonly, and that the defendant was running his automobile at a high, excessive, and dangerous rate of speed along a public street and thoroughfare in the city of Columbia. At…

2Cases cited10 opinions

  1. McCown v. MuldrowSupreme Court of South Carolina · 1912
  2. Edgefield Mfg. Co. v. Maryland Casualty Co.Supreme Court of South Carolina · 1907
  3. Dennis v. Columbia Electric Street Railway, Light & Power Co.Supreme Court of South Carolina · 1912
  4. Lowe v. Ottaray MillsSupreme Court of South Carolina · 1913
  5. Turner v. LylesSupreme Court of South Carolina · 1904

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3Cited by1 opinion

  1. Stevens v. WoodCourt of Appeals of Georgia · 1916

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