Beckham v. Southern Railway Co.

Citations

• 50 S.C. 25
• 27 S.E. 611
• 1897 S.C. LEXIS 12

Syllabus

<p>1. Practice — Opening and Reply. — The defendant is only entitled to open and reply when he admits the plaintiff’s cause of action.</p> <p>2. Evidence — Master and Servant. — The statements of a servant in the discharge of the duties imposed upon him by his master are competent evidence.</p> <p>3. Ibid. — Under the issues in this case, the testimony objected to was competent.</p> <p>4. Nonsuit is improper where there is any testimony tending to support plaintiff’s claim.</p> <p>5. Charge — Railroads—Damages.—It was error for the Judge to charge the jury in this case, that it was the duty of the railroad to demand payment for the extra passengers as soon as the number was ascertained, and if it did not, but carried them on after the discovery, and then made the demand, it was liable for. damages.</p>