Clyde v. Southern Public Utilities Co.

Citations

• 109 S.C. 290
• 96 S.C. 116

Syllabus

<p>1. Street Railroads—Injuries in Collision—Contributory Negligence—Question for Jury.—In an action for injuries in collision between a motor truck and a street car, where, while the undisputed evidence showed that the driver of the truck was guilty of negligence, the evidence was conflicting as to whether his negligence contributed as a proximate cause to the collision, the issue of his contributory negligence was properly submitted to the jury.</p> <p>2. Negligence—Contributory Negligence—Proximate Cause.—Before plaintiff’s negligence will defeat his recovery, it must be made to appear that it contributed to the injuries as a proximate cause; that is, that it was contributory negligence.</p> <p>3. Trial—Validity, of Verdict—Agreement Before Separation of Jury.'—Where the Court charged the jury about the hour of adjournment, and instructed them that, when they had agreed upon a verdict, it should be written on the complaint, signed by the foreman, and sealed in an envelope, and that they could disperse then until the convening of Court next morning, when the verdict would be received, and during the night the jury dispersed, and on the following morning stated in Court that they did not know how to write their verdict, and requested further instructions as to its form, which were given, and they retired and returned shortly afterwards with the verdict written on the complaint, and handed it to the clerk unsealed, such verdict was valid; it not appearing that the jury had not actually agreed upon it before they separated for the night.</p> <p>4. Trial—Verdict—Objection—Waiver.—To avail either party, the objection to the verdict that it was rendered on second retirement after a first dispersal of the jury must have been made at the first opportunity, or will be deemed to have been waived.</p>