Bodie v. Char. & West. Car. Ry. Co.
Supreme Court of South Carolina
Action by Josiah W. Bodie against Charleston and Western Carolina Railway. From judgment for plaintiff, defendant appeals on the following exceptions: “1. The defendant excepts to and appeals from the order or judgment of Judge Gary setting aside the verdict rendered on the trial before him and granting a new trial, on the ground that the Circuit Judge did not have the power to grant such new trial for inadequacy of the amount of the verdict rendered, and it was error of law…
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Action by Josiah W. Bodie against Charleston and Western Carolina Railway. From judgment for plaintiff, defendant appeals on the following exceptions: “1. The defendant excepts to and appeals from the order or judgment of Judge Gary setting aside the verdict rendered on the trial before him and granting a new trial, on the ground that the Circuit Judge did not have the power to grant such new trial for inadequacy of the amount of the verdict rendered, and it was error of law for him to do so. “2. The defendant excepts to the rulings of Honorable Joseph A. McCullough, presiding Judge, in…
1Dissent
This is the second visit of this action to this Court. The jury at the first trial gave the plaintiff $2,400 damages. A new trial was ordered by this Court. See 61 S.C. 468, 39 S.E., 715. At the time of new trial before Judge Ernest Gary and a jury, a verdict for $1,000 was given the plaintiff, but on the ground of inadequacy of verdict, the Circuit Judge ordered a new trial. At the third trial before the Hon. Joseph A. McCullough, as special Judge, and a jury, a verdict for $3,000 was given the plaintiff. After entry of judgment on this last verdict, the defendant gave notice of its appeal…
2Cases cited4 opinions
- Bodie v. Charleston & Western Carolina Ry. Co.Supreme Court of South Carolina · 1901
- McCrady v. JonesSupreme Court of South Carolina · 1892
- Morgan v. SmithSupreme Court of South Carolina · 1900
- Hyatt v. McBurneySupreme Court of South Carolina · 1882