Burgess v. Tucker
Burgess v. Tucker
Opinion of the Court
The opinion of the Court was delivered by
In this action, for persuading and enticing one Matilda Owens to break her contract with the plaintiff and leave his service, the plaintiff secured a judgment for five hundred dollars, actual and punitive damages. The appeal relates entirety to the alleged errors in the charge, to the jury.
*311 2 *310 The fourth exception assigns error in the following instruction: “Not only is the conscious invasion of the rights of another, in a wanton, wilful and reckless manner *311 an act of wrong, but the same result follows when the wrong-doer does not actually realize that he is invading the rights of another; provided the act is committed in such a manner that a person of ordinary reason and prudence would say it was a reckless disregard of another’s rights.” This is the law as laid down in Tolleson v. Southern Railway, 88 S. C. 7; 70 S. E. 311.
Affirmed.
Reference
- Full Case Name
- Burgess v. Tucker.
- Cited By
- 1 case
- Status
- Published
- Syllabus
- 1. Charge. — In an action for damages for enticing a servant from his employer for the Judge to say “in a case of this kind enticement is the inducement” should not be construed to mean the Judge thought the case made out. 3.Wileulness may be inferred where the wrongdoer does not actually realize that he is invading the right of another, if the act committed is done in such a manner that a person of ordinary reason and prudence would say it was a reckless disregard of another’s rights. 3. Appeal. — An objection to the use of the word “sue” in a charge where obviously used for “recover” is drawing the point too fine. 4. Charge. — An instruction, in this action, clearly referring to a right of action between master and servant, is not prejudicial. 5. Appeal — Jurisdiction.—This Court cannot reverse a judgment on the ground that the verdict is contrary to the preponderance of the evidence.