Petrie v. Columbia & Greenville R. R.

Citations

• 27 S.C. 63
• 2 S.E. 837
• 1887 S.C. LEXIS 99

Syllabus

<p>1. In settling a case for appeal, the Circuit Judge may state his rulings and the facts bearing upon the exceptions taken, even as to matters not disputed by opposing counsel.</p> <p>2. Statements made by the employees of a railroad company, on the train, after the killing of a person on the track, are not admissible to prove negligence in such killing, these statements not being part of the res gestae, nor declarations of agents within the scope of their agency.</p> <p>3. Plaintiff has the right at any stage of his examination of witnesses, to call for the reading of the testimony of a witness produced by defendant and examined and cross-examined before a notary public under the act of 1883. A refusal by the Circuit Judge to accord this right, is good ground for vacating an order of non-suit.</p> <p>4. The order in which a party shall adduce his testimony, when competent, should be left to the judgment of the party and of his counsel.</p>