Sease v. Barnwell Lumber Co.
Supreme Court of South Carolina
Action by Arthur S. Sease and others against the Barn-well Lumber Company. Judgment for plaintiffs, and defendant appeals. submits: That under the allegations of the complaint the acts of the defendant, if true, come clearly within section 4o6p, of vol.
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Action by Arthur S. Sease and others against the Barn-well Lumber Company. Judgment for plaintiffs, and defendant appeals. submits: That under the allegations of the complaint the acts of the defendant, if true, come clearly within section 4o6p, of vol. I, Code of Laws, which says, “In case of recovery, the plaintiff to have-treble damages, etc.,” and it was error for the Judge to charge-the jury that defendant was liable, not only for actual damages, but for such additional damages as the jury, in its wise-discretion and judgment, should think proper and necessary. (no citations).
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Chief Justice Gary.
This is an action for damages, resulting in a verdict for-the plaintiff in the sum of $2,500.
The complaint is as follows:
“ (1) That at the' time hereinafter mentioned, the plaintiffs were, and are now, tenants in common in the following-described tract of land, situate, lying, and being in the State- and county aforesaid, to wit: * * *
“(2) That heretofore, to wit, upon the-- day of-, A. D., the defendant above' named, a corporation existing under the laws of S. C., by its servants and agents, wilfully, wantonly and without the…
2Cases cited1 opinion
- DeLaine v. AldermanSupreme Court of South Carolina · 1889
3Cited by2 opinions
- Dupre v. Tilghman Lumber Co.Supreme Court of South Carolina · 1920
- Brown v. Southern Railway Co.Supreme Court of South Carolina · 1926