Legal Opinion · Dissent

Auten v. Catawba Power Co.

Supreme Court of South Carolina

Decided December 2, 1909No. 7402Published

Before Dantzlrr, J., York, Action by W. W. Auten against the Catawba Power Co. From judgment for plaintiff, defendant appeals. The opinion in this case was filed on July 26th, but remittur stayed on petition for rehearing until

1Dissent

The record contains this statement: "Before rendition the jury came into the courtroom and asked the presiding Judge whether, after the verdict in plaintiff's favor, the plaintiff could ever recover anything more, but his Honor declined to further instruct them." It is true, the presiding Judge, in his charge, had instructed the jury. "I charge you as a proposition of law that you are limited in your consideration, if you conclude that the plaintiff is entitled to damages, you are limited in your consideration as to the kind of damages plaintiff is entitled to, to the period mentioned in his…

2Cases cited4 opinions

  1. Jones v. Seaboard Air Line Ry. Co.Supreme Court of South Carolina · 1903
  2. King v. StateSupreme Court of Georgia · 1890
  3. Lumsden v. Chicago, Rock Island & Texas Railway Co.Court of Appeals of Texas · 1903
  4. Hunter v. Pelham MillsSupreme Court of South Carolina · 1898

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