(DOWNLOAD) "Bolt v. Gibson Et Al." by South Carolina Supreme Court ~ eBook PDF Kindle ePub Free
eBook details
- Title: Bolt v. Gibson Et Al.
- Author : South Carolina Supreme Court
- Release Date : January 05, 1954
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
Description
August 5, 1954. Respondent instituted this action through her Guardian ad Litem to recover damages for alleged injuries that she received when the automobile in which she was riding at the time was struck from the rear by the appellant automobile which was being driven on such occasion by the appellant Gibson. Appellants filed an answer to respondent's complaint and alleged therein, among others, the defenses of contributory negligence and joint enterprise and imputed negligence. Thereafter the case was tried before the Hon. J. Robert Martin, Jr., Resident Judge of the Twelfth Circuit, with a jury. Upon completion of the testimony in the trial, Counsel for the respondent moved the Court to strike the allegations of the defenses mentioned on the theory that there was no testimony to support the same. Such motion was refused and the jury was instructed the law pertaining to said defenses. A verdict was rendered in favor of appellants whereupon counsel for respondent promptly made a motion for a new trial because of the alleged error of the Trial Judge in refusing to strike from the Answer, and charging the jury on the principles of law involved in the aforementioned defenses. In a very well considered Order, Judge Martin conceded that he had erred during the trial in the respects contended by respondent and directed a new trial in the case. Therefrom appellants timely perfected an Appeal to this Court.