53 S.C. 203 | S.C. | 1898
The opinion of the Court was delivered by
This was an action to re
Counsel for appellant, in his argument, has urged another objection to this charge, which is not indicated in the exception, and is not, therefore, properly before us. But even if it were, it could not avail the defendant. It is contended that the vice in the charge was the failure of his Honor to distinguish “between the case of a person in the car in a position of safety and the case of the plaintiff, who, at the time of the alleged jerk, was in a position of danger on the bottom step of the car, and in the act of trying to get off a moving train” — it should be added, getting off by the direction of the conductor, as the plaintiff testified. In the first
The judgment of this Court is, that the judgment of the’ Circuit Court be affirmed.