Opinion

Sample v. Gulf Refining Co.

  • 183 S.C. 399
  • 191 S.E. 209
  • 1937 S.C. LEXIS 119
Court
Supreme Court of South Carolina
Filed
Apr 20, 1937
Status
Published
Author
Carter
On the bench
Chiee, Stabler, Carter, Messrs, Bonham, Baker, Eishburne
Cited by
26 cases

“[W]hen under proper allegations a plaintiff proves a willful, wanton, reckless, or malicious violation of his rights, it is not only the right but the duty of the jury to award punitive damages.”

How later courts described this case

  • “[W]hen under proper allegations a plaintiff proves a willful, wanton, reckless, or malicious violation of his rights, it is not only the right but the duty of the jury to award punitive damages.”

Written by the judges who cited it.

The opinion

Mr. Justice Carter

(dissenting) : Considering the charge as a whole, I am satisfied that the jury was not misled and that the defendant was not prejudiced. It is, there

*413

fore, my opinion that the judgment should not be reversed, but should be affirmed.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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