CORLEY v. S.C. STATE HWY. DEPT.

17543

234 S.C. 504 (1959)

109 S.E.2d 164

Thomas E. CORLEY, Respondent, v. SOUTH CAROLINA STATE HIGHWAY DEPARTMENT, Appellant.

Supreme Court of South Carolina.

June 10, 1959.


Attorney(s) appearing for the Case

Messrs. Daniel R. McLeod, Attorney General, Edgar L. Morris and W. Ray Berry, of Columbia, for Appellant.

Messrs. McLeod & Singletary, of Columbia, for Respondent.


June 10, 1959.

TAYLOR, Justice.

This appeal from the Court of Common Pleas for Richland County arises out of an action for breach of contract and presents the sole question of whether the trial Judge erred in refusing defendant-appellant's request to charge the jury "that they are not to take into consideration the fact that this building might sink further and further damage might be done, because this is for damages as of now."

The complaint alleges...

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