Thackston v. Port Royal &c. Railway Co.

Citations

• 40 S.C. 80
• 18 S.E. 177
• 1893 S.C. LEXIS 5

Syllabus

<p>1. Appeal — Pacts.—This court cannot review an order of the Circuit Judge overruling a motion for new trial on the facts.</p> <p>2. Exceptions should suggest specific errors. An extended quotation from the judge’s charge, followed by an argument to show the error therein, is an objectionable form of exception.</p> <p>3. Burden of Proof — Charge.—The charge in this case, construed as a whole, clearly declared that it was incumbent on plaintiff to establish his complaint by a preponderance of evidence.</p> <p>4. Charging Juries. — Error in refusing a request to charge cannot be imputed to the trial judge, where the matter requested was charged in better form.</p> <p>5. An Exception imputing error to the judge, “in charging, in substance, that the defendant must show of what disease the intestate died,” is too general for consideration, and in this case was unfounded.</p> <p>6. Charging Juries.- — -After charging- the law of the case, the trial judge did „ not withdraw this law from the consideration of the jury by adding, that the case must turn in a great measure upon a question of fact.</p> <p>1. Ibid. — Contributory Negligence. — The trial judge did not withhold the question of contributory negligence in this case from the jury by saying that the main question in the case was as to the cause of intestate’s death, he having properly instructed them as to their duty under the defence of contributory negligence.</p>