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STURCKEN v. RICHLAND OIL CO., INC.

18553

248 S.C. 355 (1966)

150 S.E.2d 341

Edward F. STURCKEN, Respondent, v. RICHLAND OIL COMPANY, Inc., Appellant.

Supreme Court of South Carolina.

August 24, 1966.

Attorney(s) appearing for the Case

Messrs. Lumpkin & Kemmerlin and Norbert A. Theodore, of Columbia, for Appellant.

Messrs. Henry H. Edens, Anne B. Morrison and Nelson, Mullins, Grier & Scarborough, of Columbia, for Respondent.

August 24, 1966.

BRAILSFORD, Justice.

In my judgment, the errors in the charge, which are expounded in the opinion of the court and which were carefully preserved for review on appeal, were misleading and confusing to the jury and, at least, with respect to the instructions on contributory negligence, were clearly prejudicial to the defendant. I am unable to agree that the defendant by its brief has abandoned or waived...

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