Hoss v. . Palmer
Supreme Court of North Carolina
ActioN tried before Peebles, J., and a jury, at August Term, 1908, of Cherokee. This action was brought to recover damages for the seduction of the plaintiff’s daughter. . Among other issues, the plaintiff tendered the following: “What punitive or exemplary damages, if any, is plaintiff entitled to recover ?” After the examination of plaintiff in his own behalf had progressed for a considerable time, plaintiff’s counsel asked him a question bearing upon the said issue, which…
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ActioN tried before Peebles, J., and a jury, at August Term, 1908, of Cherokee. This action was brought to recover damages for the seduction of the plaintiff’s daughter. . Among other issues, the plaintiff tendered the following: “What punitive or exemplary damages, if any, is plaintiff entitled to recover ?” After the examination of plaintiff in his own behalf had progressed for a considerable time, plaintiff’s counsel asked him a question bearing upon the said issue, which was objected to by the defendant and sustained by the court, upon the ground that punitive damages could not be awarded…
1Opinion of the CourtWalker, J.
This case is governed by Merrick v. Bedford, 141 N. C., 504, as will appear by the following language of the court in tbat case: “We tbink, furthermore, tbat according to plaintiff’s brief and argument 'the adverse ruling complained of related solely to the issue of damages and not to the cause of action, upon the establishment of which the right to recover damages depends. Under the ruling, the plaintiff would have recovered some damages, much more than nominal. Under the decisions of tbis court the plaintiff should have continued the trial, and, by noting exceptions properly, be would have…
2Cases cited4 opinions
- Hayes v. RailroadSupreme Court of North Carolina · 1905
- Merrick v. Bedford.Supreme Court of North Carolina · 1906
- Midgett v. Manufacturing Co.Supreme Court of North Carolina · 1906
- Davis v. . ElySupreme Court of North Carolina · 1888
3Cited by10 opinions
- Kelly v. . Traction Co.Supreme Court of North Carolina · 1903
- Martin v. . HouckSupreme Court of North Carolina · 1906
- Allen v. Atlanta & Charlotte Air Line Ry. Co.Supreme Court of South Carolina · 1950
- McKinney Ex Rel. McKinney v. PattersonSupreme Court of North Carolina · 1917
- Headman v. Board of CommissionersSupreme Court of North Carolina · 1919
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