Smith v. Southern Railway-Carolina Division

The opinion of the Court was delivered by

Mr. Justice Hydrick.

1 This is the second appeal in this case. The facts are fully stated in the opinion of the Court on the first appeal (93 S. C. 115, 76 S. E. 109), which resulted in the reversal of a judgment of nonsuit. The evidence on the second trial was not materially different from that on the first, except in quantity. Therefore, the Court did not err in refusing to direct a verdict for defendant. It makes no difference that defendant had more evidence to sustain its contentions of fact than it had at the first trial, because, where there is…