Legal Opinion

McAlister v. Thomas & Howard Co.

Supreme Court of South Carolina

Decided June 30, 1921No. 10666PublishedCited by 9 opinions

Before DeVorE, J., Greenville, October, 1920. Action by R. E. McAlister against Thomas & Howard Co. Judgment for plaintiff and defendant appeals. cites: Verdict not specifying nature of damages — actual or punitive — should not be allowed to stand: 19 S. C. 489; 16 S. C. 1. cites: Irregularities in procedure must be called to attention of the Court, otherwise they will be waived: 97 S. C. 388; 69 S. C. 454; 80 S. E. 897. Punitive damages: 91 S. C. 447 ; 98 S. C. 89; 97 S. C.…

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Before DeVorE, J., Greenville, October, 1920. Action by R. E. McAlister against Thomas & Howard Co. Judgment for plaintiff and defendant appeals. cites: Verdict not specifying nature of damages — actual or punitive — should not be allowed to stand: 19 S. C. 489; 16 S. C. 1. cites: Irregularities in procedure must be called to attention of the Court, otherwise they will be waived: 97 S. C. 388; 69 S. C. 454; 80 S. E. 897. Punitive damages: 91 S. C. 447 ; 98 S. C. 89; 97 S. C. Request to charge too argumentative in character and properly refused: 3 A. L. R. 607. Whether invitation was given…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Chief Justice Gary.

This is an action for- damages, alleged to ñave been sustained by the plaintiff through the wrongful acts of the defendant. The complaint alleges:

“That the defendant is a duly chartered corporation, and is engaged in business as a'wholesale merchant; one of its main places of business being the city of Greenville, S. C.
“That on or about the 31st day of March, 1919, plaintiff was standing on the first floor of the building occupied by said Thomas & Howard Company, near the elevator shaft used by the latter in operating an elevator…

2Cases cited1 opinion

  1. Rhame v. City of SumterSupreme Court of South Carolina · 1920

3Cited by9 opinions

  1. Rhodes v. Southern Ry. Co.Supreme Court of South Carolina · 1927
  2. Thornhill v. Davis, Director GeneralSupreme Court of South Carolina · 1922
  3. Deese v. WilliamsSupreme Court of South Carolina · 1961
  4. Limehouse v. SOUTHERN RY. CO.Supreme Court of South Carolina · 1950
  5. Harry L. Hussman Refrigerator & Supply Co. v. Cash & Carry Grocer, Inc.Supreme Court of South Carolina · 1926

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