Whaley v. Ostendorff
Supreme Court of South Carolina
Before Watts, J., Charleston, November, 1910. Action by George Thomas Whaley against Eugene E. Ostendorff and John H. Doscher, Jr. Plaintiff appeals. cite: The violation of a city ordinance in running an automobile is negligence per se: 83 S. C. 454; 84 S. C. 539; 85 S. C. 25; 59 S. C. 434. cite: Plaintiff is confined to acts of negligence alleged: 76 S. C. 561. If there be no evidence to which an instruction can apply, it is not harmful: 74 S. C. 103; 72 S. C. 355; 75 S. C.…
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Before Watts, J., Charleston, November, 1910. Action by George Thomas Whaley against Eugene E. Ostendorff and John H. Doscher, Jr. Plaintiff appeals. cite: The violation of a city ordinance in running an automobile is negligence per se: 83 S. C. 454; 84 S. C. 539; 85 S. C. 25; 59 S. C. 434. cite: Plaintiff is confined to acts of negligence alleged: 76 S. C. 561. If there be no evidence to which an instruction can apply, it is not harmful: 74 S. C. 103; 72 S. C. 355; 75 S. C. 312; 72 S. C. 162; 70 S. C. 315; 69 S. C. 387. Opinion evidence must yield to facts: Huddy on Auto. 156; 44 At. R. 964;…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Gary.
This is an action for damages, alleged to have been sustained by the plaintiff, through the negligence and reckless misconduct of the defendants, in running an automobile, whereby the plaintiff was injured, while he was upon the crossing of two of the public streets in the city of Charleston.
The complaint alleges, that at the time the plaintiff was struck by the said automobile, it was being driven at a greater rate of speed than ten miles an hour, in violation of an ordinance of the city oí Charleston, prohibiting the running of…
2Cases cited2 opinions
- Dyson v. Southern Ry.Supreme Court of South Carolina · 1909
- Lindler v. Southern Ry.Supreme Court of South Carolina · 1910
3Cited by19 opinions
- Ford v. Atlantic Coast Line R. Co.Supreme Court of South Carolina · 1932
- Fightmaster v. ModeOhio Court of Appeals · 1928
- Jeffords v. Florence CountySupreme Court of South Carolina · 1932
- Crawford v. Charleston-Isle of Palms Traction Co.Supreme Court of South Carolina · 1923
- Townsend v. State Highway DepartmentSupreme Court of South Carolina · 1930
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