Legal Opinion

Gregory v. Layton

Supreme Court of South Carolina

Decided April 19, 1892PublishedCited by 5 opinions

Before Wallace, J., Union, October, 1890. Action by W. S. Gregory against James T. Layton., The judge charged the jury as follows : Mr. Foreman and G-entlemen: It is well enough that you should understand precisely what the issues are, in order to enable you to comprehend clearly the legal rules with regard to them that I shall briefly state to you. There are in the complaint two causes of action.

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Before Wallace, J., Union, October, 1890. Action by W. S. Gregory against James T. Layton., The judge charged the jury as follows : Mr. Foreman and G-entlemen: It is well enough that you should understand precisely what the issues are, in order to enable you to comprehend clearly the legal rules with regard to them that I shall briefly state to you. There are in the complaint two causes of action. The first is, that on or about the 27th day of April, 1888, the defendant so carelessly and negligently used fire on his own premises, and employed servants who so carelessly and negligently used…

1Opinion of the Court

The opinion of the court was delivered by

Mr. Chiee Justice McIver.

The complaint in this case sets forth two causes of action : one that “the defendant so carelessly and negligently used fire on his own premises, and employed servants who so carelessly and negligently used fire on his premises that said fire reached the land arid premises of the plaintiff,” thereby causing the injuries for which damages are claimed ; the other that “the defendant injured and damaged the land of the plaintiff to the amount of $500, by wrongfully and unlawfully stopping up a ditch and by erecting an embankment,…

2Cited by5 opinions

  1. Hutto v. Seaboard Air Line Ry.Supreme Court of South Carolina · 1908
  2. Savannah Fire & Marine Ins. v. Pelzer Manuf'g Co.U.S. Circuit Court for the District of South Carolina · 1894
  3. Fraser-Patterson Lumber Co. v. Southern Ry. Co.District Court, W.D. South Carolina · 1948
  4. Davis v. Charleston & Western Carolina Ry.Supreme Court of South Carolina · 1905
  5. Duvall v. 20th Century Coal Co.District Court, W.D. Kentucky · 1952

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