Beck v. Northwestern R. Co. of S.C.
Supreme Court of South Carolina
Before Bowman, J., Sumter, November, 1915. Action by Julia V. Beck against the Northwestern Railroad Company of South Carolina.
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Before Bowman, J., Sumter, November, 1915. Action by Julia V. Beck against the Northwestern Railroad Company of South Carolina. From a judgment for defendant, plaintiff appeals. cite: Former decision: 95 S. C. 339; 99 S. C. 303. Amendment of complaint: 81 S. C. 574; 95 S. C. 339; 67 S. C. 122. Notice: Civil Code, secs. 4533, 3543. cite: As to notice of motion to amend: Code Civil Proc., sec. 441. Amendment: 31 S. C. 378. Distinguishes'72 S. C. 235. submits: I. A new trial means a trial de novo, and is conducted just as if there had been no previous trial With this limitation every proposition…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Watts.
*323This is the third appeal in this case, the first is reported in 95 S. C. 339, 78 S. E. 994, the second in 99 S. C. 310, 83 S. E. 335. In the last appeal the judgment of Circuit Court was reversed, and a new trial granted. The case was then heard in 1915 by his Honor, Judge Bowman, and a jury, who directed a verdict in favor of defendant company. •Plaintiff appeals after entry of judgment.
1-3 The first and second exceptions allege error on the part of his Honor in refusing the motion of the plaintiff, when case was called for trial, to…
2Cases cited2 opinions
- Beck v. Northwestern R. R.Supreme Court of South Carolina · 1914
- Beck v. Northwestern R. R.Supreme Court of South Carolina · 1913