Woodward v. Southern Ry.
Woodward v. Southern Ry.
Opinion of the Court
The opinion of the Court was delivered by
On 4th November, 1908, a section of the roundhouse of the Southern.Railway Company at Columbia fell and injured the plaintiff, Allen Woodward, one of the company’s employees. Under a complaint alleging that the injury was caused by the negligence, recklessness and wilfulness of the railroad company, the plaintiff recovered judgment for eight hundred and fifty dollars, and the defendant appeals.
This conclusion disposes of the first exception, for it was conceded by counsel for appellant that the evidence referred *455 to in that exception was admissible in an action'for punitive damages.
The third exception assigns error in the Court’s refusal to strike out the words “I suppose,” which appear in the testimony of B. D. Hughes in the following extract from the record: “You were then foreman over all of them? Yes, sir; I gave Green orders what to do, but I did not at that time personally — I sent him word; I did not see him myself. Did he, in accordance with the word you sent, go to do this work? I suppose— Mr. Thomson: We object The Court: Don’t state anything except of your own knowledge. Mr. Thomson: I move to strike it out. The Court: Let the jury draw the inference.” Counsel for appellant has not indicated in his argument how this expression of the witness was material, and a careful examination of the record does not enable us to discern how it could have been of the least consequence. But, aside from that, the Court did exclude the testimony by refusing to allow the witness to say what it was that he supposed.
It is the judgment of this Court that the judgment of the Circuit Court be affirmed.
Reference
- Full Case Name
- Woodward v. Southern Railway
- Cited By
- 1 case
- Status
- Published
- Syllabus
- 1. Railroad — Roundhouse—Wilfulness—Master and Servant — Safe Place. — Evidence tending to show a railroad company so maintained its roundhouse that the space between a large engine moving into the roundhouse and the posts was about three inches; that the distance had not been increased for a number of years while the size of engines have increased; that posts had been knocked out before; that a supporting post would be broken if struck by an engine driven with care, warrants the jury in inferring the master recklessly disregarded its duty to furnish the servant a safe place to work. 2. Ibid. — Ibid.—That it was customary in the railroad shops for engines to be driven between the supporting posts of the roundhouse is not prejudicial hut favorable to appellant. 3. Evidence — Compromise.—Information as to a party’s condition obtained while making a physical examination during negotiations for a compromise is not admissible.