Legal Opinion

Smoak v. Martin

Supreme Court of South Carolina

Decided January 21, 1918No. 9862PublishedCited by 16 opinions

Before Bowman, J., Charleston, Spring term, 1917. Action for personal injuries. Judgment for plaintiff, and defendant appeals. Civ.

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Before Bowman, J., Charleston, Spring term, 1917. Action for personal injuries. Judgment for plaintiff, and defendant appeals. Civ. Code 1912, sec. 2157, is as follows: All Traveling to Be on the Right of the Center. — Every person, carriage, animal, or other thing, traveling or passing on or over any turnpike road, causeway, or bridge, now constructed, or hereafter to be constructed, by authority of the legislature, shall keep entirely on the right of the center of the said road, causeway, or bridge, so as not to obstruct the passage of any other person, carriage, animal or thing, on the…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Gage.

There are four exceptions, but the second was not argued; and the appellant’s counsel stated at the hearing that the fourth was the serious one.

1 The challenged testimony of Williams, an insurance agent, was competent. Smoak made application to Williams for insurance. One of the questions to be answered by Smoak was about any previous injury. Smoak told Williams of the hurt from the auto, and exhibited his leg to Williams. And Williams said it was no use to make application; the leg seemed to be in such bad condition. The only…

2Cases cited3 opinions

  1. Dent v. South Bound R. R.Supreme Court of South Carolina · 1901
  2. Sullivan v. City of AndersonSupreme Court of South Carolina · 1908
  3. Mayrant v. City of ColumbiaSupreme Court of South Carolina · 1909

3Cited by16 opinions

  1. Miller v. Atlantic Coast Line RailroadSupreme Court of South Carolina · 1926
  2. Miller, Administrator v. A.C.L.R. Co.Supreme Court of South Carolina · 1926
  3. Jeffords v. Florence CountySupreme Court of South Carolina · 1932
  4. Schacht v. QuickWisconsin Supreme Court · 1922
  5. Whitworth v. RileySupreme Court of Oklahoma · 1928

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