Opinion
19269
August 17, 1971.
H.V. Sandifer, Esq. of Lexington, for Appellant, cites: As to the lower Court's erring in refusing to grant Appellant's motion for a Judgment Non Obstante Veredicto or in the alternative for a new trial upon the grounds of prejudicial error being committed by the lower Court in its refusal to charge the following charge as requested by Appellant: "That a company or a corporation can only be represented by their agent and they are bound by the act of ommission or commission of the agent.": 69 S.E. 391, 87 S.C. 270, 36 S.Ct. 293, 240 U.S. 305, 60 L.Ed. 658.
Messrs. Turner, Padget, Graham Laney, of Columbia, for Respondent, cite: As to the charge requested by Appellant, standing alone, being insufficient to warrant its being charged to the jury: 253 S.C. 564, 172 S.E.2d 304; 253 S.C. 579, 172 S.E.2d 297; 221 S.C. 342, 70 S.E.2d 473; 57 S.C. 280, 35 S.E. 529; 253 S.C. 579, 589-90, 172 S.E.2d 297, 302; 170 S.C. 167, 169 S.E. 890; 240 S.C. 26, 124 S.E.2d 585; 21 S.C. 261; 121 S.C. 356, 113 S.E. 490; 169 S.C. 1, 167 S.E. 839; 160 S.C. 557, 159 S.E. 386; 142 S.C. 284, 140 S.E. 560, 57 A.L.R. 634; 4 Am. Jur. Appeal and Error, Sec. 535; 248 S.C. 203, 216, 149 S.E.2d 615, 620; 241 S.C. 306, 311, 128 S.E.2d 179; 11 Ency. Pleadings Practice, pp. 158, 159; 66 S.C. 246, 44 S.E. 750, 751; 106 S.C. 512, 91 S.E. 799; 171 S.C. 162, 171 S.E. 797; 44 C.J.S. Insurance Section 279; 46 Cal.2d 659, 297 P.2d 638; 151 F. Supp. 408, 411; 6 Counch, Encyclopedia of Insurance Law, Section 1392.
August 17, 1971.
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 court 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.