52 S.C. 438 | S.C. | 1898
The opinion of the Court was delivered by
This is an action for damages on account of injuries alleged to have been sustained by the plaintiff by reason of the negligence of the defendant. The defendant denied all the allegations of negligence, and set up the defense of contributory negligence on the part of the plaintiff. The defendant also denied that the plaintiff’s injuries were permanent, or that they were as serious as alleged. The jury rendered a verdict in favor of the plaintiff for $5,500; but this sum, on motion for a new trial, was reduced to $4,000. The defendant appealed, upon exceptions which we will proceed to consider.
The appellants, in their argument, say: “These exceptions raise but one question: whether, in the portion of the charge complained of, the Circuit Judge violated the provisions of sec. 26, art. 5, of the Constitution, and charged upon the facts.” The complaint, in setting forth the injuries sustained by the plaintiff, alleges that “said scantling broke in two, and caused one of the guy ropes to suddenly jerk and catch the plaintiff behind the neck, and threw him with great violence from the top of said trestle, a distance of thirty-five feet, to the ground, thereby breaking his left thigh bone just below the hip joint, and also breaking four of his ribs on the left side, and also giving him a severe cut on the head, and also giving him severe inward bruises, which caused hemorrhages from the lungs, and
It is the judgment of this Court, that the judgment of the Circuit Court be affirmed.