Lancaster v. City of Columbia
Supreme Court of South Carolina
Before Wilson, J., Columbia, February, 1915. Action by E. M. Lancaster and another against the City of Columbia. From a judgment for plaintiffs, defendant appeals. cites: As to variance between allegations and proof: 72 S. C. 557; 82 S. C. 345. Defects in sidewalk: 84 S. C. 122; 89 S. C. 511; 88 S. C. 553; 6 McQuillan, Munc.
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Before Wilson, J., Columbia, February, 1915. Action by E. M. Lancaster and another against the City of Columbia. From a judgment for plaintiffs, defendant appeals. cites: As to variance between allegations and proof: 72 S. C. 557; 82 S. C. 345. Defects in sidewalk: 84 S. C. 122; 89 S. C. 511; 88 S. C. 553; 6 McQuillan, Munc. Corp., sec. 2785; 129 N. Y. Supp. 1028; Elliott, Roads and Streets, sec. 791; 110 Wis. 478; 88 S. C. 533. Plaintiff’s conduct bars recovery: 90 S. C. 282; 91 S. C. 542. submits: Admission of irrelevant testimony not reversible error: 76 S. C. 275; 82 S. C. 199; 72 S. C.…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Gage.
Action for tort; verdict for the plaintiff for $1,000; appeal by the defendant.
' History: A lady 32 years old was walking along the pavement on Bryan street at night. She is alleged to have caught her foot underneath the root of a tree, to have fallen and broken her right arm.
1 The testimony is not printed by recital, but in full by question and answer. There is much of it irrevelant to any issue made by the appeal. There has thus been a clear violation of the rules of the Court.
There are eighteen exceptions, where at most six would…
2Cited by6 opinions
- Caston v. City of Rock HillSupreme Court of South Carolina · 1917
- Young v. City of CamdenSupreme Court of South Carolina · 1938
- Heath v. Town of DarlingtonSupreme Court of South Carolina · 1933
- Sloan v. Greenville CountySupreme Court of South Carolina · 1922
- Pooser v. Town of SalleySupreme Court of South Carolina · 1917
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