Legal Opinion

Terry v. Richardson

Supreme Court of South Carolina

Decided March 12, 1923No. 11150PublishedCited by 7 opinions

Before McIver, J., Charleston, January, 1922. Action by Niemann A. Terry against Walter R. Richardson and Eugene Richardson. Judgment for plaintiff and defendants appeal. cite: Jury should have been instructed that they could find against either or both defendants: 1 Brev., 503. Statement of one defendant subsequent to assault incompetent: 85 S. C., 239; 94 S. C., 95; 117 S. C., 44; 2 Bail.

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Before McIver, J., Charleston, January, 1922. Action by Niemann A. Terry against Walter R. Richardson and Eugene Richardson. Judgment for plaintiff and defendants appeal. cite: Jury should have been instructed that they could find against either or both defendants: 1 Brev., 503. Statement of one defendant subsequent to assault incompetent: 85 S. C., 239; 94 S. C., 95; 117 S. C., 44; 2 Bail. L.; 466; 110 S. E., 133; 3 Cyc., 1089; 88 S. C., 236; 40 S. C., 330. Change on facts: 68 S. C., 162; 116 S. C., 314; 27 S. E., 531; 25 S. E., 809; 10 S. E., 615. Coercion of jury into rendering a verdict:…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Marion.

In an action, sounding in damages for an assault and battery alleged to have been committed by the defendants on the person of the plaintiff, the plaintiff recovered a verdict for $3,500 actual damages and $1,000 punitive damages. From judgment thereon defendants appeal.

1 The point is made (exceptions 1 and 2) that in instructing the jury as to the^ form of the verdict the trial Judge erred in failing to instruct that a verdict could be found for or against either one of the defendants instead of for or against the defendants…

2Cases cited18 opinions

  1. Marriott v. WilliamsCalifornia Supreme Court · 1908
  2. Kiff v. . YoumansNew York Court of Appeals · 1881
  3. Jackson v. Old Colony Street Railway Co.Massachusetts Supreme Judicial Court · 1910
  4. Nickles v. Seaboard Air Line Ry.Supreme Court of South Carolina · 1906
  5. State v. JonesSupreme Court of South Carolina · 1910

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3Cited by7 opinions

  1. Clark v. RossCourt of Appeals of South Carolina · 1985
  2. Horky v. SchrollNebraska Supreme Court · 1947
  3. Nauful v. MilliganSupreme Court of South Carolina · 1972
  4. Blake Ex Rel. Adams v. Spartanburg General HospitalSupreme Court of South Carolina · 1992
  5. Nelson v. Atlantic Coast Line R. Co.Supreme Court of South Carolina · 1939

2 more not listed; retrieve them via the Exa API.

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