Legal Opinion
Fraser v. Atlantic Coast Line R. R.
Supreme Court of South Carolina
Decided December 9, 1912No. 8388PublishedCited by 2 opinions
Before Memminger, J., Colleton, Summer term, 1912. Action by James Fraser against Atlantic Coast Fine Railroad Company in the court of magistrate J. E. Bryan. From Circuit order reversing judgment of magistrate, defendant appeals. No citations. cite: Exception one cannot be considered: 83 S. C. 213; 70 S. C. 216, 555; 71 S. C. 411; 62 S. C. 408; 70 S. C. 180; 45 S. C. 496; 35 S. C. 509. Circuit Court has full control over magistrate case: 80 S. C. 524; 92 S. C. 309.
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Ci-iiee Justice Gary.
This is an appeal from an order in which his Honor, the Circuit Judge, thus states the facts:
“This cause was heard on appeal from the magistrate’s court, where judgment was in favor of the defendant. The defendant’s train killed an ox or bull belonging to plaintiff, and was sued by the plaintiff, for forty dollars damages therefor.
“The defendant admitted the killing at the trial, and attempted to remove the presumption of negligence arising, and the direct proof of negligence which was submitted on behalf of plaintiff. This the…
2Cited by2 opinions
- Westbrook v. JefferiesSupreme Court of South Carolina · 1934
- Ward v. Atlantic Coast Line R.Supreme Court of South Carolina · 1930