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DUKE v. WESTVACO DEVELOPMENT CORP.

0005

279 S.C. 464 (1983)

309 S.E.2d 293

Robert M. DUKE, Appellant, v. WESTVACO DEVELOPMENT CORPORATION, Respondent.

Court of Appeals of South Carolina.

November 14, 1983.

Attorney(s) appearing for the Case

Arthur G. Howe and Carl H. Jacobson, Uricchio, Howe & Krell, Charleston, for appellant.

G. Dana Sinkler, Sinkler, Gibbs & Simons, Charleston, for respondent.

Nov. 14, 1983.

SANDERS, Chief Judge:

Appellant Duke was injured when he drove his truck into a ditch which stretched across a road owned by respondent Westvaco. The trial judge granted a nonsuit in favor of Westvaco on the grounds Duke was a trespasser and was guilty of contributory negligence. Duke also appeals from the order of the trial judge excluding testimony of two witnesses and refusing to continue the case for trial. We reverse.

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