Markert v. North Augusta Warehouse & Fertilizer Co. 135 Morgan Silver Plate Co. v. Bobo Undertaking Co..... 280 Moore, Gibbes Machinery Co. v.. Moore v. Hinson... McClary Broadway Co. v. Dingle. McCormac v. Evans.. McCown, Clarke v... McFadden v. McFadden. McKenzie v. Long.. McKie, In re Estate of. Ex parte National Bank of Savannah v. Southern Railway— National Council O. U. A. M., Outlaw v.. Carolina Division Nelson v. Atlantic, Gulf & Pacific Co... New York Life Ins. Co., Fowler v.. 327 290 384 39 209 101 336 57 57 28 225 1 21 North Augusta Warehouse & Fertilizer Co., Markert v. 135 Northwestern Railroad Co. of S. C., Williams v..... 524 Owens v. Atlantic Coast Lumber Corporation. 425 Owings v. Shaw... 258 Outlaw v. National Council O. U. A. M.. Saluda Oil Mill Co., American Cotton Oil Co. v.. 422 Spartanburg Ry., Gas & Electric Co., Thomas v.... South Carolina Light, Power & Ry. Co., Hughes v.. 109 502 Southeastern Life Ins. Co., Wood v... . Southern Cotton Oil Co. v. Hewlett.. 537 533 Railway Co., Dean v.. Nat'l Bank of Savannah v.. 25 28 Starr v. Atlantic Coast Line R. R. Co... 529 Sternheimer v. O. U. C. T. A... 291 Strickland v. Southern Railway Co.... 522 Stuckey v. D. W. Alderman & Sons Co.... 426 Tatum v. Seaboard Air Line Railway.. 454 Thomas v. Spartanburg Railway, Gas & Electric Co... 109 Weekley, So. States Phosphate & Fertilizer Co. v.... 511 Welsh v. Atlantic Coast Line R. R. Co.... 535 REPORTS OF CASES ARGUED AND DETERMINED IN THE Supreme Court of South Carolina Justices of the Supreme Court During the Period Comprised in this Volume. HON. EUGENE B. GARY, CHIEF JUSTICE. 9609 NELSON v. ATLANTIC, GULF & PACIFIC CO. 1. PLEADING (92 S. E. 194.) UNCERTAINTY-COMPLAINT FOR INJURY TO SERVANT.-In an action for death of a servant on a dredgeboat, paragraphs of the complaint alleging that deceased was on the narrow ledge of the boat, running alongside of a cogwheel, taking measurements for and in the presence of his superior, and that, while so doing, the cogwheel revolved by defendant's negligence in failing to take precautions against such an occurrence, and that deceased was caught in the wheel and killed, were not uncertain, making the issue, why did the engine move and cause the cogwheel to turn around, most of the testimony having reference to such issue, so that defendant was not surprised by any indefinite allegations. 2. PLEADING EXCEPTION-WAIVER BY FAILURE TO OBJECT TO EVIDENCE.Where defendant, sued for death of its servant, moved to require |