Harris v. Marco

Citations

• 16 S.C. 575
• 1882 S.C. LEXIS 32

Syllabus

<p>1. In action for assault and battery committed on the person of plaintiff while the parties were engaged in a contest over the ownership of a horse, which was found by the plaintiff in a public place and peaceably taken into her actual possession in defendant’s view, the Circuit judge did not err in charging the jury that the owner of the property could resist any attempt to take it away, but that he must not commit an assault and battery, or breach of the peace — if he did so, he was liable.</p> <p>2. The charge of a judge to a jury should never be considered abstractly, but always in its relation to the facts of the case as developed on the trial.</p> <p>8. Evidence of a matter not shown to be relevant is not admissible on the bare statement of counsel that there is a connection between the cause at issue and the evidence proposed.</p> <p>4. In action for assault and battery and false imprisonment, there was no error in charging the jury that the wealth of defendant was a proper matter for the jury to consider in making up their verdict. Rowe v. Moses, 9 Rich. 426, recognized and followed.</p>