Touchberry v. Northwestern R. Co. of South Carolina

• Decision Date: 12 August 1909
• Parties: TOUCHBERRY v. NORTHWESTERN R. CO. OF SOUTH CAROLINA.
• Court: South Carolina Supreme Court

65 S.E. 343

83 S.C. 314

TOUCHBERRY v. NORTHWESTERN R. CO. OF SOUTH CAROLINA.

Supreme Court of South Carolina

August 12, 1909

Appeal from Common Pleas Circuit Court of Clarendon County; Ernest Gary, Judge.

Action by J. W. Touchberry against the Northwestern Railroad Company of South Carolina. Judgment sustaining a demurrer to the complaint, and plaintiff appeals. Reversed and remanded.

Charlton Du Rant, for appellant. Joseph F. Rhame and Purdy & O'Bryan, for respondent.

WOODS, J.

The same questions being involved in this appeal as in the case of E. J. Touchberry v. Northwestern Railroad Company, 65 S.E. 341, the decision of this cause is determined by the opinion therein filed.

The judgment of this court is that the judgment of the circuit court be reversed, and the cause remanded to that court for a new trial.