Ross v. Charleston &c. Co.

Citations

• 42 S.C. 447
• 20 S.E. 285
• 1894 S.C. LEXIS 59

Syllabus

<p>1. Exceptions. — Prom a short order sustaining a demurrer to the complaint for not stating facts sufficient to constitute a cause of action, the exceptions taken in this case were not faulty in being too general.</p> <p>2. An Exception which claims that the complaint should have been held good, irrespective of the paragraphs in which a stated word was used, is not in violation of Rule 5 of this court, which applies only to exceptions containing a reference back to the exceptions taken to a referee’s report or probate judge’s decree.</p> <p>3. Cause op Action — Charter Party. — A complaint that states an injury received by plaintiff from a negligent act of defendant’s steamboat, navigated by defendant’s agents and servants, does not nullify its statement of a cause of action by the further allegation, that said steamboat was at the time “chartered” to a railroad company, the extent of the charter-party not being stated.</p> <p>4. Ibid. — Contradictory Statements. — A complaint that states a good cause of action is not demurrable because of further allegations that are inconsistent with such statement, or contradictory thereof.</p>