Sims v. Southern Railway Co.
Supreme Court of South Carolina
Before Buchanan, J., Union, January, 1900. Action in magistrate court -by Samuel Sims against Southern Railway Oo. for damages for negligently killing a horse.
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Before Buchanan, J., Union, January, 1900. Action in magistrate court -by Samuel Sims against Southern Railway Oo. for damages for negligently killing a horse. From order on Circuit affirming magistrate judgment, -defendant appeals on following exceptions : “1. Excepts because the presiding Judge erred, as matter of law, in failing and refusing to sustain defendant’s second exception to the magistrate’s judgment herein, to wit: ‘For that the said magistrate erred, as matter of law, in- excluding secondary evidence by -defendant as to an alleged bill of sale or mortgage given by plaintiff over…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Chief Justice McIver.
This was an action, commenced in a magistrate’s court, to recover damages for the killing of a' horse, belonging to plaintiff, by the alleged negligence of the defendant company in the running of its train. The only defense interposed was a general denial, and the case came on for trial before the magistrate and a jury at Union, S. C., on the 7th of April, 1899, when the testimony set out in the “Case” was adduced. That trial resulted in a judgment for the plaintiff for the sum of $65, from which judgment defendant appealed to…
2Cited by11 opinions
- Boyd v. Blue Ridge Ry. Co.Supreme Court of South Carolina · 1903
- Fowler v. RailwaySupreme Court of South Carolina · 1906
- Thompson v. RailwaySupreme Court of South Carolina · 1908
- Thompson Bros. v. Piedmont Mutual InsuranceSupreme Court of South Carolina · 1907
- Williams v. Southeastern Life Ins. Co.Supreme Court of South Carolina · 1941
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