Historical Newspapers of South Carolina

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Forensic Battles of the Moot Court. and Their Result, The Moot Court convened last Wednesday with rMr. F. w cap. pleinan,. C.,J., and S. C Dusen berry, A. J.'present. The casq on docket was that of Jane Gray vs. James Thompson. Messrs. Sanders and Riley appeared for the plaintiff and Messrs. Royal and Smith for.e the .defendant. Associate Justice Dusenberry, in a very Oble opinion handed ,down his decision in favor of the Plain tiff. Action by Jane .Gray vs.. James Thompson for personal injuries for the sumv:of $5;000.00. The statement of'facts are as follows: James Thompson conducted a dairy and delivered milk to his customers from a milk cart in charge of a driver, who was ac companied on his rounds by a e boy, a fellow-servant," who as sisted the driver in making the deliveries of milk. The boy fell out of the cart and was rendered 3 unconscious. Jane Gray, a pas serby, saw the accident and went to -the boy's assistance, offering to help take him home, and that offer;was accepted by the driver. Accordingly the plaintiff got into the cart; but while she was at tending to the boy, and in an in-, secure position, the cart was started and she was thrown out and injured, alleging that her in juries resulted from the negli gence of the driver. As this court has to pass on both fact and law the first ques tion for our consideration is a question of fact which ordinarily is a question for the jury 139 A. S. R. 902. This question of fact is: Was the servant driver acting within the scope of his employ ment when -he accepted the ser vices of plaintiff? The presump., tion is that injury occured. in a populous street and in such a place I can see no necessity for the driver of a milk cart caring for an unconsious man and, hence, it seems to- me to be stepping aside from his employment. If this was a case of necessity or emergency it would raise another question but as I do not consider this a case of that kind I deem it unnecessary to consider the mas ter's lsbility under such circum stances. I can see no reason or law for a volunteer to be put upon a higher basis than. where one Is called in by a servant to assist In an emergency.. And In such ease he would become an employee and is entitled to all the care due such, but the. master Is not liable for the negligent act of a .fellow Raddy. Plminary Debate. 'e nminary foir the Rod dey bdal fiebato will -be held this afternoon at 8:30. In this debate, the best' talent of the stident. bpde will be on exhibition, men from any class being eligible to enter. - The query is: "Resolved, That .the circuit judges and the just-' Ices of -the Supreme Courts in this State should be elected by ithe direct- vote of the General AAembly as now provided by law." The_Clariosophic Society will be represented by the follow.. ing men: Affirmative-Craig, Clinkscal" and Jeter; negative Sawyer, Mann and Shealy. From the Euphradians there are on the affirmative -Bush and Dinkins; negative, Crawford, McInnes and Meyer. From the number above these must be selected one man on each side from each of the societies. The final debate will be -held next Wednesday night, Decem ber 17. - Carolina-Trinity Debate. The Univeiity has proposed March 14 as the. tiniefor Caro lina.\Trinity debate to be held at Durihaz, N. C. This date,- wiAi likel.be accepted. -This year Trinity'will prcpq "the: query a. ndthe Urliversity wiUhtes tire choie 4sides. '.. d. CoPr(re Nyptiab Invit&tions outa nouncing the rharriage of C. W. Clayton, class of '18,A6 MissaAlminhPnice of this city. The ceremony will take place December -23, at the home of the bride's parents..72$ Main $t eet. Mr. Clayton hasthe best wishes of his many 'friends on the campus. servant. 73 S. C. 557. Legal principal and weight of authoI'1r, Lthihki ahd cor imon sense and n; . eliee-if I may be 'exueed for introdizcing such matters into the disussion -point that the plaintiff is not entitled to recover. For the reason, it seems to me, that I interpret the statement of facts differently from my broth er justice, my decision must be a dissent from the leading opinion. I lean to the proposition that there was an emergency, that the driver was bound to care for the injured boy, that in suc. cir cumstance the milk dealer should be responsible. MVy decision is also based on my noteclasBing the driver and the young ladty as fel low servants, but on my viewing Iher as one authorized to beemploy ed and called in by the driver, who stands in this instance in the stead of the master. Dec. 10, 1913. F. W. Cappleman, C. J. Do you take The Bird? "As"CapIand Co.., so Ces the FaaMem.'! LEARN THE WAY J. D. O'Brien, Tailor-Made Camp. Agent Suits Our .pe.lalty Suits and Overcoats-$12.50 to $35.00. 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