South Carolina Terminal Co. v. South Carolina & Georgia Railroad

Citations

• 52 S.C. 1
• 29 S.E. 565
• 1898 S.C. LEXIS 62

Syllabus

<p>1. Evidence. — -Testimony merely introductory may be admitted, even if it is not relevant, if it is also not prejudicial.</p> <p>2. Evidence — Practice—A New Triad -will not be granted when the Circuit Judge rules out testimony, but afterwards reverses his ruling, and the objector has an opportunity to get it in.</p> <p>3. Ibid.- — -Ibid.—The admission of irrelevant testimony may be cured by testimony to the same point being introduced by both sides, or by the Judge withdrawing such testimony from the consideration of the jury.</p> <p>4. Landlord and Tenant. — Presumption.—When one goes into possession of land with the permission of the owner, the relation of landlord and tenant exists, and the law presumes an agreement to pay a reasonable compensation for its use, in absence of an express agreement.</p> <p>5. Ibid. — Jury—Licensor and Licensee. — Whether the facts establish the relation of landlord and tenant, or licensor and licensee, is a question for jury, under proper instructions.</p> <p>6. Charge not on facts.</p>