40 S.C. 517 | S.C. | 1894
The opinion of the court was delivered by
The plaintiff brought this action against the defendant in the Court of Common Pleas for Fairfield County, in this State, to recover damages for injuries from fire communicated from defendant’s right of way to plaintiff’s lands, and came on to be heard before Judge Wallace and a jury at the February Term, 1893, of said court. A verdict was rendered for $200 for plaintiff. After judgment therefor had been duly entered, the defendant appealed therefrom on two grounds, namely: 1. To the order of the presiding judge overruling defendant’s demurrer to the amended complaint, on the ground that it did not state facts sufficient to constitute a cause of action. 2. Excepts to the ruling of the Circuit Judge in permitting the plaintiff as a witness in his own behalf to prove title and ownership of the land by parol, and in permitting said witness to answer that he was the owner of said land, whereas he should have required the plaintiff to show paper title to the said land, or adverse possession for such length of time as would give him a title. We will consider these grounds of appeal in their order.
It is the judgment of this court, that the judgment of the Circuit Court be reversed, and the cause remanded for anew trial.