50 S.C. 25 | S.C. | 1897
The opinion of the Court was delivered by
The plaintiffs brought their action against the defendant for $500 damages. The trial came on before his Honor, Judge Watts, and a jury, at the November term, 1896, of the Court of Common Pleas for York County, in this State. The verdict was for $105 in favor of the plaintiffs. After entry of judgment, the defendant appealed therefrom on twenty grounds. The Judge’s charge and the grounds of appeal will be set out in the report of the case. Before disposing of these grounds of appeal, it may be profitable to give a brief history of the contention. On 29th June, 1895, the plaintiffs entered into a written agreement with the defendant about as follows: The Southern Railway Company agreed to furnish the plaintiffs a train of five passenger coaches and one baggage car, to be run by plaintiffs as an excursion from Chester, S. C., to Asheville, N. C., on the 10th July, 1895, returning the next day, at the price of $525 in cash, which was paid. Tickets were to be sold by plaintiffs from Chester, S. C., to Charlotte, N. C., inclusive, and it was stipulated that, if the plaintiffs should request one or more additional passenger coaches to be furnished for their use, the plaintiffs should pay $105 for each car so furnished; but it was not to be obligatory upon the railway company to furnish these additional passenger coaches, unless it be entirely convenient for them to do so. The plaintiffs agreed that not more
The 14th, 15th, 16th, 17th, and 18th exceptions are practically covered by what we have held in disposing of the 13th.
The 19th exception becomes practically useless, as we have already determined that a new trial must be ordered.
It is the judgment of this Court, that the judgment of the Circuit Court be reversed, and that the action be remanded to the Circuit Court for a new trial.