Westinghouse Electric & Mfg. Co. v. Glencoe Cotton Mills
Supreme Court of South Carolina
Before DeVore, J., Spring term, 1917. Action by the Westinghouse Electric & Manufacturing Company against the Glencoe Cotton Mills. Judgment for plaintiff, and defendant appeals. cite: As to the 'correct measure of damages proper to be recovered by defendant under its counterclaim: 82 S. C. 468, at page 473 ; 29 S. C. 736; 89 S. C. 420. The jury was given a broad-correct rule as to the measure of damages, but they zvere also given an inconsistent and incorrect rule.
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Before DeVore, J., Spring term, 1917. Action by the Westinghouse Electric & Manufacturing Company against the Glencoe Cotton Mills. Judgment for plaintiff, and defendant appeals. cite: As to the 'correct measure of damages proper to be recovered by defendant under its counterclaim: 82 S. C. 468, at page 473 ; 29 S. C. 736; 89 S. C. 420. The jury was given a broad-correct rule as to the measure of damages, but they zvere also given an inconsistent and incorrect rule. This Court will not assume they followed the correct rule to the exclusion of the incorrect: 84 S. C. 420; 57 Ark. 203; 21 S. W.…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Chief Justice Gary.
The following statement appears in the argument of the appellant’s attorneys:
“Owing to the fact that there is little difference between the testimony, at the first trial and the second, we and our colleagues have thought it well to relieve the Court from reading the testimony anew; and to' state to the Court that the decision in the first case (106 S. C. 133 [90 S. E. 526]) together with the statement in the case and exceptions herein, correctly set forth the substance of the testimony necessary for the consideration of this…
2Cases cited1 opinion
- Westinghouse Electric & Mfg. Co. v. Glencoe Cotton MillsSupreme Court of South Carolina · 1916