Smalls v. Laroche
Supreme Court of South Carolina
Before Ernest Gary, J., Charleston, Action by Guy Smalls against John J. EaRoche. Defendant appeals. cites: Uncertainty in verdict: 5 Strob. 134; 3 Brev. 113; 11 Rich. 600. cite : Presumptions are in favor of verdict: 29 Ency. 1017; 1 McM. 429; 65 S. C. 242; 75 S. C. 230; 10 S. C. 493. Amount of damages is usually for the jury: 88 S. C. 91; 89 S. C. 3; 86 S. C. 529.
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Woods.
The appeal of the defendant in this action for the recovery of possession of a small triangular strip of land involves the sufficiency of the form of the verdict, and the correctness of some propositions of law laid down in the charge.
1 The plaintiff and defendant bought adjoining tracts of land from E. Schaffer, and the dispute arose over the boundary line. The jury found a verdict in this form: “Find for the plaintiff the land in dispute and two hundred dollars damages.” A motion for a new trial was refused on condition that the…
2Cited by1 opinion
- Reese v. National Surety Corp.Supreme Court of South Carolina · 1954