Beaufort Truck Growers' Ass'n v. Seaboard Air Line Railway Co.

The opinion of the Court was delivered by Mr. Justice Watts. This is an appeal from a verdict of the jury rendered in favor of the plaintiff. The cause was tried at Beaufort before Judge Dennis at the fall term, 1924; the amount of the verdict was for $844.27, the full amount claimed. At the close of the plaintiff’s testimony a motion was made by the defendant for a nonsuit, which motion was overruled by his Honor. There are seven exceptions which raise three questions : (1) Evidence clearly hearsay was admitted. These exceptions are overruled; his Honor was clearly right in his ruling on the admission of the evidence; it was competent and pertinent. (2) Erroneous and incorrect instruction was given. We have no doubt that his Honor used the word “sufficient” when the exception has it “insufficient.” No doubt it was the mistake of the stenographer, unintentional on the part of the stenographer. The presid [478] ing Judge is usually very careful, and even if lie made a slip of the tongue and used the word “insufficient,” it was not harmful or prejudicial, as it could not have misled the jury taken in connection with his whole charge. His charge as a whole was a correct declaration of the law applicable to the facts, and these exceptions are overruled. (3) The plaintiff failed to prove alleged damages. These exceptions are overruled. There was ample evidence to sustain the verdict. All exceptions are overruled and judgment affirmed. Mr. Chief Justice Gary and Messrs. Justices Brease and Stabrer concur. Mr. Justice Cothran dissents.