Walker v. Lee
Supreme Court of South Carolina
Before Whaley, J., County Court, Richland, 1920. Action by Albert Walker against Robert F. Fee and John Edwards for personal injuries. From judgment for plaintiff the defendants appeal. cite: Statutory regulation of traffic: Sec. 617 Crim. Code 1912; Sec. 2157, 1 Civil Code, 1912. Even if defendant is violating law of the road the plaintiff cannot recover if he could have avoided the collision by the exercise of due care: Thomp.
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Before Whaley, J., County Court, Richland, 1920. Action by Albert Walker against Robert F. Fee and John Edwards for personal injuries. From judgment for plaintiff the defendants appeal. cite: Statutory regulation of traffic: Sec. 617 Crim. Code 1912; Sec. 2157, 1 Civil Code, 1912. Even if defendant is violating law of the road the plaintiff cannot recover if he could have avoided the collision by the exercise of due care: Thomp. Neg., Vol. 1, Sec. 1287, p. 1142; Secs. 1289-92. Necessity may .excuse violation of criminal statute: 8 R. C. F. 125; Stephens Dig. Crim. Faw 32; 99 Mass. 434. cites…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice W ATTS.
This is an appeal from a judgment entered in this case for a verdict for $400 actual damages. The action was for damages in tort for injuries caused by the alleged negligence of defendants in driving their automobile. The defense was a general denial and alleged contributory negligence on the part of the -plaintiff. The cause was tried by Judge Whaley and a jury in the County Court for Rich-land county in March, 1920. The exceptions, seven in number, complain of error in his Honor’s charge to the jury and in failing and refusing to…
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