52 S.C. 1 | S.C. | 1898
The opinion of the Court was delivered by
In order to understand clearly the questions presented by the exceptions, it will be necessary to set out the complaint, answer and charge of his Honor, the presiding Judge, in the report of the case. The jury rendered a verdict in favor of the plaintiff for $7,557.75. The Circuit Judge granted a new trial, unless the plaintiff entered upon the record a remittitur for all of the verdict in excess of $5,000, which remittitur was duly entered upon the record.
The second exception is as follows: 2. “That his Honor erred in admitting the testimony of J. B. Adger, in continuation of, and in explanation of, his answer to said question, and showing the business relations of the South Carolina Railway Company and the Navigation Company at that time, but should have excluded the same as irrelevant.’! Immediately after the witness answered the question mentioned in the first exception, the “Case” shows that the following took place: “Was any of that freight sent over the Coast Tine? A. The freight from the steamship was transferred to Adger’s wharf, to the other roads; the goods were
The sixth exception is as follows: 6. “That his Honor erred in charging the jury: ‘I have examined this charter — ■ that is, the charter of the South Carolina Railway Company— and I do not see any authority conferred in the charter of the South Carolina Railway Company to condemn land for this purpose, and I shall have to charge these other requests. I refer to the condemning of this piece of railroad in question, the spur track;’ but that his Honor should have charged that such authority is conferred by said charter.” The appellant, in his argument in reply, says: “We are unable to understand the statement of respondent, that we have not printed the testimony of the ‘Receiver of both the navigation and the South Carolina Railway Company, taken by commission and introduced in the Court below.’ * * * Reference to the case will show that it is printed at length, and occupies no less than eleven pages of the “Case.” On one point it is true, that is, as to the right to bind the two corporations without an order, we have abandoned the testimony; but it is important to show that whatever relationship existed between the two corporations, was only the work of the receiver, and ended upon the termination of the receivership, as we contend.” The only question raised by this exception is whether there was error on the part of the presiding Judge in charging that the said charter did not confer authority to condemn the said land. The appellant has abandoned the testimony as to the right of the receiver to bind the two corporations without an order of Court, but insists that the testimony in the case is important upon a ground not mentioned in the exception, which cannot be considered. As we construe the language of the appellant’s attorney, his intention is to abandon the exception, in so far as it raised the question of authority to condemn the lands. As that is the only question raised by the exception, it is overruled.
It is the judgment of this Court, that the judgment of the Circuit Court be affirmed.