ELEK v. BOYCE

Civ. A. Nos. 69-10, 69-11.

308 F.Supp. 26 (1970)

Margaret ELEK, Stephen Elek, Plaintiffs, v. Thomas P. BOYCE, Defendant.

United States District Court D. South Carolina, Charleston Division.

Decided January 14, 1970.


Attorney(s) appearing for the Case

Gary D. Brown, of Brown & Brown, Ridgeland, S. C., for plaintiffs.

Joseph R. Young, of Young, Clement & Rivers, Charleston, S. C., for defendant.


HEMPHILL, District Judge.

Assigning error to court upon two grounds, plaintiffs move for a judgment non obstante veredicto or, in the alternative a new trial, as aftermath to an unfavorable verdict at the hands of a jury.

Initially, plaintiffs contend that the court erred in the exclusion from the evidence of certain statements which plaintiffs insist are admissible on a part of res gestae. The accident out of which the present litigation arose occurred on...

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