Ilderton v. Charleston Consol. Ry. Co.
Supreme Court of South Carolina
Action by Robert F. Ilderton, Jr., by his guardian ad litem, Robert F. Ilderton, against the Charleston Consolidated Railway & Righting Company. Judgment for plaintiff, and defendant appeals. submits: Admission that witness would testify as stated in affidavit did not justify the trial of the case: Rule 27 of the Circuit Court; Civil Code, sec. 3987; 83 S'. C. 193; 76 S. C. 144; 30 Am.
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Action by Robert F. Ilderton, Jr., by his guardian ad litem, Robert F. Ilderton, against the Charleston Consolidated Railway & Righting Company. Judgment for plaintiff, and defendant appeals. submits: Admission that witness would testify as stated in affidavit did not justify the trial of the case: Rule 27 of the Circuit Court; Civil Code, sec. 3987; 83 S'. C. 193; 76 S. C. 144; 30 Am. Dec. 688 (Ky.) ; 68 S. C. Discretion of the Court must be guided by law and cannot be exercised in the denial of a plain legal right: 68 S. C. 35; 15 S. C. 328. submit: It was not an abuse of discretion for the…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Hydrick.
The only question made by this appeal is: Did the trial Judge err in refusing defendant’s motion for a continuance, based on the following circumstances ? The action was for damages for personal injuries, to plaintiff, caused by defendant’s trolley car, operated by Robert O’Quinn, as motorman. The delicts alleged were solely those of O’Quinn, who was in the United States army in France at the time of the trial.
The accident occurred in April, 1917. The action was brought in June, 1917, and docketed for trial at the next April term,…
2Cases cited6 opinions
- Robbins v. Chicago CitySupreme Court of the United States · 1867
- Chicago City v. RobbinsSupreme Court of the United States · 1863
- Oceanic Steam Navigation Co. v. Compania Transatlantica EspanolaNew York Court of Appeals · 1892
- Jones v. Southern Ry. Co.Supreme Court of South Carolina · 1916
- Logan v. Atlanta & Charlotte Air Line R. R.Supreme Court of South Carolina · 1909
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3Cited by13 opinions
- Johnson v. Atlantic Coast Line R.Supreme Court of South Carolina · 1927
- South Carolina Electric & Gas Co. v. Utilities Construction Co.Supreme Court of South Carolina · 1964
- Swiderski v. MoodenbaughDistrict Court, D. Oregon · 1942
- Hrabak v. HummelDistrict Court, E.D. Pennsylvania · 1943
- Heck v. AndersonSupreme Court of Iowa · 1944
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