Ellerbe v. Marion County Lumber Co.
Supreme Court of South Carolina
Before Spain, J., Marion, November, 1913. Action by Henry I. Ellerbe and others against Marion County Lumber Company. From a judgment for plaintiff, defendant appeals. The facts are stated in the opinion. The charge of the trial Judge was as follows : Mr. Foreman and Gentlemen of the Jury: We have been engaged on this case ever since yesterday afternoon and you have been very patient in listening to the testimony.
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Before Spain, J., Marion, November, 1913. Action by Henry I. Ellerbe and others against Marion County Lumber Company. From a judgment for plaintiff, defendant appeals. The facts are stated in the opinion. The charge of the trial Judge was as follows : Mr. Foreman and Gentlemen of the Jury: We have been engaged on this case ever since yesterday afternoon and you have been very patient in listening to the testimony. It is now incumbent on me to charge the law, and as it is in a very narrow compass it will not take me long to do so. The questions of fact in this case are entirely for you. I…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Gage.
Action for malicious trespass. The defendant entered under a timber deed and cut the plaintiff’s trees. The right to enter and cut is not in dispute, but is admitted. The wrong alleged lay in a negligent and wilful cutting, and in doing things not warranted by the deed. The defendant admits the commission of some wrong. So the only issue was how much damage was done.
The verdict was $5,000, one-half of the sum claimed.
There are four exceptions by the defendant.
One arises out of a construction of the deed; one arises out of the exclusion…
2Cited by3 opinions
- Rowland v. HARRISSupreme Court of South Carolina · 1950
- Schreiberg v. Southern Coatings & Chemical Co.Supreme Court of South Carolina · 1957
- Schreiberg v. SOUTHERN C. & C. CO.Supreme Court of South Carolina · 1957