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MOSS v. MALONE FREIGHT LINES, INC.

19174

255 S.C. 435 (1971)

179 S.E.2d 603

Eddie MOSS, Respondent, v. MALONE FREIGHT LINES, INC., Appellant.

Supreme Court of South Carolina.

February 24, 1971.

Attorney(s) appearing for the Case

Messrs. Jones, Long & Barfield, of Lexington, and Frank A. Graham, Jr., of Columbia, for Appellant.

Messrs. J. Roy Berry, of Johnston, and Charles W. Coleman, of Edgefield, for Respondent.

February 24, 1971.

BRAILSFORD, Justice.

This action for damage to plaintiff's dump truck, incurred in a collision with defendant's trailer which was overturned on the highway, resulted in a verdict for plaintiff for both actual and punitive damages. The defendant has appealed on sixteen exceptions which, according to the brief, raise two questions, as follows:

"Does the testimony show as a matter of law that the plaintiff was guilty of contributory...

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