122 S.E. 582 | S.C. | 1924
April 15, 1924. The opinion of the Court was delivered by The plaintiff recovered damages in a Magistrate's Court for the killing of his dog as the result of a collision with an automobile, driven by the defendant on one of the streets of Westminster. The judgment of the Magistrate was affirmed by the Circuit Court, Hon. J.F. Carter, Special Judge, presiding, in a carefully considered order. From that order the defendant has appealed to this Court.
All points raised by the exceptions are fully and satisfactorily covered in the order of the Circuit Judge, and, for the reasons therein stated, we are content to affirm the judgment of the Circuit Court.
One contention, however, earnestly urged upon our attention by appellant's counsel, may possibly justify brief additional discussion. On the trial before the Magistrate the defendant requested the Court to charge, in substance, that under the authority of Fowles v. RailwayCo.,
The judgment of the Circuit Court is affirmed.
MESSRS. JUSTICES WATTS, FRASER and COTHRAN concur.
MR. CHIEF JUSTICE GARY did not participate in this case.