Aughtry v. City of Columbia
Supreme Court of South Carolina
Before Whaley, County Judge, Richland, April term, 1918. Action by Mrs. R. E. Aughtry against the City of Columbia. From judgment for plaintiff, defendant appeals. submits: That the evidence failed to show any defect in the sidewalk or negligence or mismanagement of anything under control of the defendant in making repairs to the street, and no cause of action arises under section 3033 of vol.
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Before Whaley, County Judge, Richland, April term, 1918. Action by Mrs. R. E. Aughtry against the City of Columbia. From judgment for plaintiff, defendant appeals. submits: That the evidence failed to show any defect in the sidewalk or negligence or mismanagement of anything under control of the defendant in making repairs to the street, and no cause of action arises under section 3033 of vol. I, of the Code of 1 pi2: 66 S. C. 442; 89 S.'C. 511; 104 S. C. 372; 106 S. C. 255; 58 S. C. 413; 104 S. C. 116; 96 S. E. 675; 70 S. C. 137. There should be some evidence of notice to the city: 84 S. C.…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Fraser.
This is an action for personal injuries. The plaintiff was walking up Main street, in the city of Columbia, on a paved sidewalk. She stepped on a piece of banana peeling lying on the sidewalk and slipped and fell to the sidewalk, and broke her arm and otherwise injured herself, and brought this action for damages.
The plaintiff testified:
“I live at 2017 Main street. On the morning of June 10, 1917, between 7 and 8 a; m., while walking along the sidewalk on Main street going to store of H. D. Cooper, I slid or- slipped on a banana peel…
2Cited by4 opinions
- Foster v. City of UnionSupreme Court of South Carolina · 1924
- Lynch v. City of SpartanburgSupreme Court of South Carolina · 1927
- Holman v. City of OrangeburgSupreme Court of South Carolina · 1920
- Hall v. Southern Railway Co.Supreme Court of South Carolina · 1931