Knight v. Johnson
Knight v. Johnson
Opinion of the Court
The plaintiff and the defendant were involved in an automobile collision as they were driving their respective vehicles along East Georgia Road near Simpsonville, South Carolina. They were meeting each other and the collision occurred as the defendant was in the process of making a left turn into his driveway. This action was then brought by the plaintiff to recover the damages sustained by him, alleging that the collision resulted from the negligent and
While the basic question for determination concerns the admissibility of the foregoing testimony, the plaintiff has raised the preliminary question that the order granting a new trial is not subject to review by this Court.
The plaintiff contends, that the order of the lower court granting a new trial was based upon a question of fact and is, therefore, not appealable. The rule is well-settled that an order of the trial court granting or refusing a new trial, when based solely on an error of law, is subject to review by this Court, but when the order is based upon questions of fact, or upon questions of law and fact, it is not appealable. Turner v. Carey, 223 S. C. 477, 76 S. E. (2d) 671.
The trial judge stated in his order: “I have now con-eluded, after a study of the transcript of record and the authorities, that in permitting such of the testimony, over the objection of the plaintiff, as was admitted, that the court committed prejudicial error.” The order granting a new trial was, therefore, based upon the conclusion that the admission of the testimony in question constituted prejudicial error. This ruling was based solely upon an error of law and is subject to review.
The plaintiff contends that the foregoing testimony, as to what happened at Simpsonville, was too remote in point of time to be of any probative value in showing the manner in which he operated his automobile at the time of the collision and was, therefore, irrelevant and prejudicial. The testimony was not introduced for the purpose of showing the manner in which the plaintiff was operating his vehicle when he left Simpsonville, two miles away, but was offered for the sole purpose of showing the motive and purpose governing the plaintiff in the operation of his vehicle at the time of the collision. The answer of the defendant plead the contributory negligence and recklessness of the plaintiff as a bar to recovery and alleged that plaintiff operated his automobile at the time at an excessive rate of speed. The speed at which plaintiff was operating his automobile was, therefore, a material issue in the case.
Ordinarily, testimony showing a motive for haste is relevant upon the issue of speed. 5A Am. Jur. 848, Section 957; Blashfield’s Cyclopedia of Automobile Law and Practice, Section 6562; Davidson v. Vast, 233 Iowa 534, 10 N. W. (2d) 12; Deputy v. Kimmell, 73 W. Va. 595, 80 S. E. 919, 51 L. R. A., N. S., 989; MeIver v. Allen, 33 Ariz. 28, 262 P. 5.
The details of the incident, which gave rise to the necessity for taking plaintiff’s son to the doctor, were not admitted in evidence, and we find no testimony thereabout which could have constituted legal prejudice to the plaintiff.
The order of the lower court granting a new trial is accordingly reversed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.