Miller v. Eastern Fire & Casualty Insurance

Supreme Court of South Carolina

Miller v. Eastern Fire & Casualty Insurance

183 S.E.2d 333, 256 S.C. 498, 1971 S.C. LEXIS 333

CourtSupreme Court of South Carolina

DecidedAugust 17, 1971

Docket19269

StatusPublished

This text of 183 S.E.2d 333 (Miller v. Eastern Fire & Casualty Insurance) is published on Counsel Stack Legal Research, covering Supreme Court of South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Miller v. Eastern Fire & Casualty Insurance, 183 S.E.2d 333, 256 S.C. 498, 1971 S.C. LEXIS 333 (S.C. 1971).

Pincite

Opinion

Per Curiam.

This action for recovery of benefits under the medical payment provisions of an automobile liability insurance policy resulted in a judgment for defendant, from which plaintiff has appealed.

The sole assignment of error is based upon the refusal of the trial judge to give a requested instruction to the jury.

The appropriateness of the requested charge depended upon the issues made by the evidence, none of which is included in the appeal record. This Court is therefore without sufficient record upon which to determine whether the lower [500]*500co.urt erred in the particular alleged. The burden was upon appellant to furnish such record, and the failure to do so requires that the appeal be dismissed. Wilson v. American Casualty Co., 252 S. C. 393, 166 S. E. (2d) 797.

Appeal dismissed.

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