Steele v. Atlantic Coast Line R. Co.

Supreme Court of South Carolina
Steele v. Atlantic Coast Line R. Co., 95 S.E. 180 (S.C. 1918)
109 S.C. 104; 1918 S.C. LEXIS 189
Fraser

Steele v. Atlantic Coast Line R. Co.

Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Fraser.

*105 This case has been before this Court once before, and will be found in 103 S. C., at page 102. In that case, on page 112, this Court said: “The case is brought here on exceptions, assigning error in the refusal of the motion for non-suit and direction of the verdict, in the charge and refusal to charge one of defendant’s requests and in the refusal of a motion for a new trial, based on the ground that the verdict is excessive.”

All the exceptions in this appeal refer to the insufficiency of the evidence. These questions are so fully considered in the former appeal, that it is unnecessary to consider them again. The testimony is practically the same, and to consider the exceptions in detail, would require a reprint of the former opinion.

The judgment is affirmed.

Reference

Full Case Name
Steele v. Atlantic Coast Line R. Co. Et Al.
Cited By
3 cases
Status
Published
Syllabus
Appeal and Error—Subsequent Appeal—Questions Precluded.— Exceptions to insufficiency of evidence fully considered on a former appeal will not be considered in a subsequent appeal, where the evidence is practically the same and to consider exceptions would require a reprint of the former opinion.