Waites v. Brotherhood of Maintenance of Way Employees

The opinion of the Court was delivered by

Mr. Justice Baker.

This is the second appeal in this case. The first appeal resulted in this Court remanding the case for a new trial for the reason that inadmissible and prejudicial testimony had been allowed. See Waites v. Brotherhood, 181 S. C., 215, 186 S. E., 276.

On the second trial, again resulting in a verdict for plaintiff-respondent, and from which this appeal is had, the testimony and exhibits are the same, with the exceptions: The inadmissible testimony is absent, and the witness, C. B. Smith, testified he had never instructed the members of…