Rhame v. City of Sumter
Supreme Court of South Carolina
Action by Annie Rhame, by her guardian ad litem, against the City of Sumter and Eugene Eorshee. Judgment for plaintiff, and first named defendant appeals. submits,: The City and For-shee were not joint wrongdoers, therefore the principle that joint wrongdoers cannot have contribution, the one from the other, does not apply: 111 S. C. 152. Forshee is primarily liable, and the city is entitled to indemnity over against Forshee for whatever it has to pay: 2 Black U. S. 418; 40…
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Action by Annie Rhame, by her guardian ad litem, against the City of Sumter and Eugene Eorshee. Judgment for plaintiff, and first named defendant appeals. submits,: The City and For-shee were not joint wrongdoers, therefore the principle that joint wrongdoers cannot have contribution, the one from the other, does not apply: 111 S. C. 152. Forshee is primarily liable, and the city is entitled to indemnity over against Forshee for whatever it has to pay: 2 Black U. S. 418; 40 L. R. A. (N. S.) 1153; 99 Am. St. Rep. 879. We almit that in a case of joint trespass, the jury may apportion the…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Watts.
This was an action for damages for an injury alleged to be caused to the plaintiff, an infant, by an accident, caused by automobile, in which her father was driving her and her mother, running into an open ditch or sewer connection upon one of the streets of the city of Sumter. The defendant, Forshee, was a plumber in said city, and had opened the ditch in question. The case was tried by Judge Townsend, and a jury, for Sumter county and resulted in a verdict in favor of the plaintiff in the following form:
“We find for the plaintiff…
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- Miller v. Atlantic Coast Line RailroadSupreme Court of South Carolina · 1926
- Miller, Administrator v. A.C.L.R. Co.Supreme Court of South Carolina · 1926
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