Oliver v. Davis, Agent, 111 S.E. 791 (S.C. 1922). · Go Syfert
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Oliver v. Davis, Agent, 111 S.E. 791 (S.C. 1922). Cases Citing This Book View Copy Cite
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Oliver
v.
Davis, Agent.
10865.
Supreme Court of South Carolina.
Apr 11, 1922.
Published opinion
111 S.E. 791
1922 S.C. LEXIS 38
Messrs. Lyles Lyles and Moss Lide , for appellants, cite: No evidence of actual damages to the extent of $25,000, and verdict is contrary to the charge, which is a question of law: 16 S.C. 14 ; 89 S.C. 535 . Verdict so excessive as to compel the inference that it is the result of caprice or other improper consideration: 81 S.C. 1 ; 96 S.C. 267 ; 114 S.C. 264 ; 17 C.J., 574; 75 S.C. 104 . Error to charge presumption of negligence from injury to passenger: 85 S.C. 216 . Messrs. J.H. Hydrick, A.J. Hydrick, E.C. Mann and W.C. Wolfe , for respondent, cite: New trial discretionary: 94 S.C. 224 . Court will not reverse judgment on account of excessive damages: 78 S.C. 552 ; 78 S.C. 562 ; 88 S.C. 87 ; 103 S.C. 117 ; 96 S.C. 267 ; 98 S.C. 62 . No motion for directed verdict, and motion for new trial properly denied: 105 S.C. 42 ; 110 S.C. 315 . Presumption of negligence in injury to passenger: 83 S.C. 53 ; 97 S.C. 151 . Injury in a wreck is injury by agency or instrumentality of carrier: 97 S.C. 151 . Preponderance of testimony is for the jury: 100 S.C. 33 . Portion of charge complained of was correct statement of law: 83 S.C. 55 .
Fraser.
Cited by 1 opinion  |  Published

The opinion of the Court was delivered by

Mr. Justice Fraser.

This is an action for damages for personal injuries to a passenger. There are only two questions in the case, and the consideration of them does not require a statement of the facts.

I. When there in a conflict between the Circuit Judge and the stenographer as to the exact language of the charge, must this Court accept the statement of the trial Judge or the stenographer ? The answer is that the statement of the trial Judge shall prevail. It is not clear that there is a conflict in this case. ’The question is decided against the appellant.

II. Was the verdict excessive? This Court cannot say it was so excessive as to warrant setting aside a judgment based upon it. This question is decided against the appellant.

The judgment appealed from is affirmed.