Carroll v. Southern Express Co.
Supreme Court of South Carolina
Before Norton, J., Anderson, December, 1890. This was an action by Carroll & Stacy against the Southern Express Company, to recover one thousand dollars received by defendant from plaintiffs at Greenville, S. C., to be delivered to E. B. Horton at Lowndesville, S. C. The money reached Lowndesville, and was thrown by Colyer, defendant’s agent at that point, to said Horton as he stood upon the platform of a departing railroad coach.
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Before Norton, J., Anderson, December, 1890. This was an action by Carroll & Stacy against the Southern Express Company, to recover one thousand dollars received by defendant from plaintiffs at Greenville, S. C., to be delivered to E. B. Horton at Lowndesville, S. C. The money reached Lowndesville, and was thrown by Colyer, defendant’s agent at that point, to said Horton as he stood upon the platform of a departing railroad coach. J. W. Ferguson and J. W. Craft, witnesses for plaintiff in reply, were permitted to testify that Horton came into the coach first as the train moved off, and one…
1Opinion of the Court
The oxiinion of the court was delivered toy
Mr. Justice Pope.
This action came on to be heard before his honor, Judge Norton, and a jury at a term of the Court of Common Pleas for Auderson County. Verdict being in favor of plaintiffs, judgment thereon was duly entered, and the defendant now ax>peals to this court.
1 The first question relates to the competency of certain testimony to which exception was taken at the hearing, and may be thus stated. Is it competent in the trial of well defined issues raised by the pleadings to admit the testimony of witnesses that relate to issues other than…
2Cited by1 opinion
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