Wilson & Co. v. Atlanta & Charlotte Airline Railway Co.

Citations

• 16 S.C. 587
• 1882 S.C. LEXIS 34

Syllabus

<p>1. An agent having testified positively and of his own knowledge that certain cotton (for the negligent burning of which the action was brought) belonged to the plaintiffs jointly, said upon his cross-examination, “ my books show how the cotton was owned.” Held, that objection to the statement of witness, in the absence of his books, as to the ownership of the' cotton, was properly overruled.</p> <p>2. The trial judge could not charge that plaintiffs were not joint owners of the cotton, there being testimony tending to show that they were.</p> <p>3. In action against a railroad company for the negligent burning of cotton near its track,-the judge did not err in refusing to charge “ that if the jury find from the evidence that the defendant corporation was provided with the most approved machinery for protection against fire, and said machinery was worked by competent and careful employes, they will find for the defendant.”</p> <p>4. Motion in the Circuit Court for new trial is the proper proceeding for the correction of an alleged error committed by the jury in the allowance of interest in their verdict.</p> <p>5. The verdict being for a gross sum as damages, it cannot be set aside as erroneous, even if the amount found was reached in part by an allowance of interest.</p>