Lipscomb v. South Bound R. R.
Supreme Court of South Carolina
Before Aldrich, J„ summer term, 1903, Richland. Action by Thos. J. Lipscomb against South Bound Railroad Company. From judgment for plaintiff, defendant appeals on following exceptions: “1. Because, contrary to the objection of the defendant, the plaintiff was allowed to testify as a witness that the new tramway constructed by defendant had been more destructive to cables used by him in drawing cars up the same than was the old tramway, no allegation to that effect appearing…
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Before Aldrich, J„ summer term, 1903, Richland. Action by Thos. J. Lipscomb against South Bound Railroad Company. From judgment for plaintiff, defendant appeals on following exceptions: “1. Because, contrary to the objection of the defendant, the plaintiff was allowed to testify as a witness that the new tramway constructed by defendant had been more destructive to cables used by him in drawing cars up the same than was the old tramway, no allegation to that effect appearing in the complaint. “2. Because his Honor, the presiding Judge, refused, upon motion of the defendant, to strike out the…
1Opinion of the Court
The opinion of the Court was delivered by
Judge Watts, acting Associate Justice.
The above entitled action was commenced on the 11th day of August, 1900, and was tried by his Honor, Judge Aldrich, at the summer term of Court for Richland County and a verdict was rendered in favor of plaintiff for $1,800. The complaint alleges in substance: that during the month of October, 1899, and for some years prior thereto, the plaintiff was the owner of the Congaree Brick Works, together with a tramway, cars, cable and other appurtenances, which were used for the purpose of conveying clay from the…
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