McFail v. Barnwell County
Supreme Court of South Carolina
Before BenET, J., Bamberg, April term, 1899. Action by William L,. McFail against Barnwell County. The following is so much of the charge of the Circuit Judge as refers to the questions here made : “The action is brought under a statute which I read to you in the opening of the case, and shall read again.
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Before BenET, J., Bamberg, April term, 1899. Action by William L,. McFail against Barnwell County. The following is so much of the charge of the Circuit Judge as refers to the questions here made : “The action is brought under a statute which I read to you in the opening of the case, and shall read again. Section 1169 of the Revised Statutes says: * * * The terms of that statute place upon a plaintiff bringing an action under it the burden of proving, first — as in this case, proving by the preponderance of the evidence, first — that there was injury to the person, that is to say, that he…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Chile Justice McIver.
This was an action brought by plaintiff to recover damages for injuries alleged to have been sustained by the negligence of the officers charged with the duty of keeping in repair a certain bridge within the limits of the county of Barnwell at the time the disaster occurred, but subsequently cut off from that county and embraced within the limits of Bamberg County. The case came on for trial before his Honor, Judge Benet, and a jury in the Court of Common Pleas sitting for the county of Bamberg. The jury having rendered a…
2Cited by7 opinions
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- Herndon v. Colleton CountySupreme Court of South Carolina · 1909
- Wallace v. Orangeburg Co.Supreme Court of South Carolina · 1910
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