Caston v. City of Rock Hill
Supreme Court of South Carolina
Before Bowman, J., York, Spring term, 1916. Action by Leslie Caston, by his guardian ad litem, against the City of Rock Hill. Judgment for plaintiff, and defendant appeals. Defendant’s exceptions were as follows: 1. Because of error in-charging the jury “that the term 'street,’ as employed in the statute, includes the- pavement or sidewalk for pedestrians and also the highway part thereof used by vehicles — that is, what the term in its ordinary acceptation includes.
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Before Bowman, J., York, Spring term, 1916. Action by Leslie Caston, by his guardian ad litem, against the City of Rock Hill. Judgment for plaintiff, and defendant appeals. Defendant’s exceptions were as follows: 1. Because of error in-charging the jury “that the term 'street,’ as employed in the statute, includes the- pavement or sidewalk for pedestrians and also the highway part thereof used by vehicles — that is, what the term in its ordinary acceptation includes. I charge you that a street means a driveway, sidewalk and all” — the error in the above charge being: That the jury was…
1Opinion of the Court
The opinion of 'the Court was delivered by
Mr. Justice Gage.
Action in tort; verdict for the plaintiff for $175; appeal by the defendant.
The right of action arises out of section 3053 of the Code of Taws, which makes a city liable for hurt to a person by reason of a defect in a street. The circumstances of the action are these: The plaintiff is a youth of 17 years; he was walking along Jones avenue in the city of Rock Hill in the early morning hours, about half past 5 o’clock, in October, 1914; there was no light of day, and the electric light was 150 or 200 feet from the place of accident; a…
2Cases cited2 opinions
- Irvine v. Town of GreenwoodSupreme Court of South Carolina · 1911
- Lancaster v. City of ColumbiaSupreme Court of South Carolina · 1916
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- Miller v. Atlantic Coast Line RailroadSupreme Court of South Carolina · 1926
- Miller, Administrator v. A.C.L.R. Co.Supreme Court of South Carolina · 1926
- Gallipo v. City of Long BeachCalifornia Court of Appeal · 1956
- Abernathy v. City of ColumbiaSupreme Court of South Carolina · 1948
- Boyd v. HyattCourt of Appeals of South Carolina · 1988
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