Truluck v. Atlantic Coast Line R. Co.
Supreme Court of South Carolina
Before Sitipp, J., Florence, Summer term, 1916. Action by J. M. Truluck and another against the Atlantic Coast Line Railroad Company.
Read the full summary
Before Sitipp, J., Florence, Summer term, 1916. Action by J. M. Truluck and another against the Atlantic Coast Line Railroad Company. From verdict for plaintiff in the magistrate’s Court, defendant appealed to the Circuit Court, which reversed, and plaintiffs appeal. submits: Under the evidence, which was conflicting, the verdict of the jury was final, and should not have been disturbed on appeal: 106 S. C. 123; 106 S. C. 337. This case is not within the rule laid down in Cable Co. v. So. Ry. Co.: 94 S. C. 143. submits: Findings of fact Circuit Court on appeal from magistrate are conclusive…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Chief Justice Gary.
This is an action for damages alleged to have been sustained by the plaintiff, W. E. McAllister, on account of the negligent killing of his horse at a railroad crossing. The case was tried by a jury in a magistrate’s Court, and the verdict was in favor of the plaintiff for $85.
The defendant appealed, and the Circuit Court reversed the magistrate’s judgment, on the ground that the plaintiff was guilty of gross negligence. The plaintiff now appeals from judgment of the Circuit Court.
The first proposition for which the appellant…
2Cited by2 opinions
- Parks v. Characters Night ClubCourt of Appeals of South Carolina · 2001
- Manos v. EassySupreme Court of South Carolina · 1923