Johnston v. Bagger

The opinion of the Court was delivered by

Mr. Justice Brease.

This is a tort action, growing out of injuries received by Frances Johnston, a child five years of age, on a public street in the City of Charleston, from being struck by an automobile driven, by the appellant. The trial in the Court of Common Pleas for Charleston County, with Hon. W. H. Townsend presiding, resulted in a verdict in favor of the plaintiff for $1,000 actual damages and $3,500 punitive damages.

The appellant comes to this Court on fifteen exceptions, many of which may be disposed of together.

The complaint, after alleging…