Hornsby v. South Carolina Railway Co.

Citations

• 26 S.C. 187
• 1 S.E. 594
• 1887 S.C. LEXIS 21

Syllabus

<p>1. In action by a car coupler against his employer, a railroad company, there being some evidence tending to establish the negligence charged in the complaint, the Circuit Judge properly refused anon-suit.</p> <p>2. If, after motion made by defendant for non-suit, the plaintiff is permitted to take the witness stand and give additional testimony, the Circuit Judge does not thereby commit any error of law; for this is a matter that rests in the discretion of the trial judge.</p> <p>3. This court has no jurisdiction to review the refusal of the Circuit Judge to grant a motion for new trial where it was based upon the ground of insufficiency of evidence.</p>