Ackerman v. Atlantic Coast Line R. R.

Citations

• 83 S.C. 278

Syllabus

<p>1. Secondary Evidence — Corporations—Charter.—Under notice to produce the original charter of a corporation, and upon admission of its being in possession of the corporation but not in Court, secondary-evidence of the charter may be shown by a witness reading from the record of another case in another Court to which the same corporation was a party a paper put in evidence in that case by the corporation as an agreement of consolidation. That the corporation is in a foreign State does not affect this question.</p> <p>2. Punitive Damaoes — Issues.—There was evidence here warranting submission to jury of issue of punitive damages for placing and maintaining piling under a bridge across a navigable stream in the current used for floating lumber in rafts in such manner that lumber was sunk.</p> <p>Mr. Justice Woods dissents.</p> <p>3. Appeal. — If trial Judge instruct jury as to issues not raised by the pleadings, his attention should he called to it, if it is to be made the ground .of an exception.</p>