Elam v. Pilcher

I

With respect, I suggest that the Court erred in its decision of January 4, 1989, when it found merit in Henry E. Elam, Ill’s Assignment of Error No. 3 and reversed and remanded for a new trial. The conflict in the instructions on liability could not in any legally cognizable way have prejudiced the jury, for on the issue at bar the jury nevertheless gave Elam the most favorable result possible: it found Pilcher liable. Under the long standing rule of this Court, any error in such context is harmless as a matter of law.

Nor do I find any error in Assignment of Error No. 1, the Circuit Court’s…