Draffin v. Railroad Co.

Citations

• 34 S.C. 464
• 13 S.E. 427
• 1891 S.C. LEXIS 45

Syllabus

<p>1. An Appeal on Facts in a Law Case cannot be considered by this court, as it has no jurisdiction in such matters.</p> <p>2. Evidence- — -Burden op Proof. — If a railroad company uses cross-ties furnished under contract, it must be assumed that the ties so used wore such as the contract specified, in the absence of evidence by the company tending to show that, though used, they were defective.</p> <p>3. Admissions — Estoppel.—There being testimony of some admissions by plaintiff inconsistent with his claim, the trial judge charged that this was a question of fact for the jury, and added : “You must receive and weigh these admissions of plaintiff with groat care; unless the defendant had done something or had in some way acted upon them, they cannot have effect as estoppels against his claim now.” Held. that in this there was no error, as it left the fact to the jury and correctly declared the law of estoppel.</p>