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JACKSON v. H. & S. OIL COMPANY, INC.

19938

263 S.C. 407 (1975)

211 S.E.2d 223

Sidney N. JACKSON, Respondent, v. H & S OIL COMPANY, INC., and Port City Steel Erectors, of which H & S Oil Company, Inc., is Appellant.

Supreme Court of South Carolina.

January 9, 1975.

Attorney(s) appearing for the Case

Messrs. Thomas S. Tisdale, Jr., and Wallace G. Holland, of Young, Clement & Rivers, Charleston, for Appellant.

Messrs. Robert B. Wallace, of Charleston, and George B. Bishop, of Moncks Corner, for Respondent.

January 9, 1975.

BRAILSFORD, Justice.

I respectfully dissent from so much of the opinion of Justice Littlejohn as finds reversible error in the refusal of the trial judge to exclude the testimony of Dr. Solomon. As I read the opinion, it holds that the court was required to deny plaintiff the use of this important witness as a sanction for his violation of Circuit Court Rule 90.

In the first place, I find...

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