Brodie v. Carolina Midland R. R.

Citations

• 46 S.C. 203
• 24 S.E. 180
• 1896 S.C. LEXIS 54

Syllabus

<p>1. Nonsuit — Contributory Negligence. — The Circuit Judge properly refused the motion for nonsuit in this case, because the evidence introduced by plaintiff was not conclusive as to contributory negligence.</p> <p>2. Charge. — A Circuit Judge is not required to adopt the exact words used in a request to charge, but he must see that every proper request is embodied in his charge.</p> <p>3. Ibid. — It is not error in a Circuit Judge to refuse to charge that if a passenger leave a car by the more perilous of two ways of egress, he was guilty of contributory negligence, because that question is one of fact.</p> <p>4. Ibid. — If a faulty proposition is put in a request to charge, the Circuit Judge is not in error in refusing to charge the whole request.</p> <p>5. Ibid. — It is not error to refuse to charge an abstract proposition of law in no way connected with the case as made.</p> <p>6. Case Construed. — Sims v. R. R., 21 S. C., 2'71.</p> <p>T. Charge — Negligence.—The question as to whether a railroad has observed due care of its passengers, in the failure of the conductor to assist a passenger in disembarking, is one of fact for the jury and not of law.</p>