McFadden v. Anderson Motor Co.

The opinion of the Court was delivered by

Mr. Justice Cothran.

This is the second appeal in this case, a general statement of the facts in which will be found in the former appeal, 118 S. C., 309; 108 S. E., 919. Upon the second trial the plaintiff recovered a judgment for $2,000, from which the defendant appeals.

It is necessary to consider only the fifth exception, which is as follows:

“Because his Honor erred in charging the jury as follows : 'Now, as to whether or not, gentlemen, after knowledge of all the facts in the case, they ratified his taking the car out and using — -not ratified…