Jenkins v. McCarthy

Citations

• 45 S.C. 278
• 22 S.E. 883
• 1895 S.C. LEXIS 34

Syllabus

<p>1. Nonsuit. — It was not error in Circuit-Judge to grant nonsuit in this case upon ground that there was no proof of negligence.</p> <p>2. Evidence. — In this case there is an utter absence of testimony to show the lack of proper means, or the want of proper care, in driving the piles in question.</p> <p>3. Peeading. — A plaintiff who sets up negligence solely in the manner of driving piles, will be confined to such issue, and cannot introduce evidence that the piles were not sufficiently driven.</p> <p>4. Ibid. — Evidence.—A party alleging a specific negligence cannot, after issue joined on that allegation, introduce evidence of any kind of negligence.</p>