In 1938, the Articles of Incorporation had been officially authorized forming Black River Electric Cooperative. It can not be stated that they were introduced in proof for the sole goal of inflaming the minds of the jury they served the suitable purpose of bringing vividly to the jurors the particulars of tremendous injuries. In thinking about regardless of whether the decrease court was correct in denying Black River’s motions, this court ought to view the proof and all inferences reasonably deducible therefrom in the light most favorable to Holmes.
The admission or exclusion of evidence at trial is addressed to the sound discretion of the judge. Throughout the course of the closing arguments, Holmes’ counsel made reference to the failure of Black River to contact two specialist witnesses it had retained to testify at the trial. Soon after all of the evidence had been submitted, the court, more than Black River’s objection, permitted two of Holmes’ attorneys to sum up to the jury.
Black River submits that photos of Holmes’ injured and amputated arm must not have been admitted in proof because they might have aroused the sympathy of the jury to its prejudice. The quantity of the verdict is not an challenge on this appeal Black River raises many concerns for determination by this court. The court did not err in failing to grant a mistrial or in not explicitly instructing the jury on sympathy.
At the trial Black River’s motion for a directed verdict was denied.
Clarendon County, SC – Black River Electric Cooperative (BREC) lately awarded a $50,000 Rural Development Act (RDA) grant to Clarendon County for home acquisitions and infrastructure improvements to the future public industrial park identified as the Sallie Alderman Site. It can not be said that they had been introduced in evidence for the sole goal of inflaming the minds of the jury they served the proper purpose of bringing vividly to the jurors the information of tremendous injuries. In thinking of whether the reduced court was correct in denying Black River’s motions, this court will have to view the proof and all inferences reasonably deducible therefrom in the light most favorable to Holmes.
As the jury was leaving the courtroom, Holmes commented, “I’m sorry, I am sorry.” Black River contends that these remarks had been directed toward the jury and that a mistrial really should have been granted. They relate to charges to the jury and cross-examination of Black River’s executive vice president. The court effectively refused the motion for a mistrial and cautioned the jury to make their determination in the case “primarily based solely upon the proof which you hear through the course of the trial.” The court was not essential to give an explicit charge that sympathy was not to be a factor in its determination of the problems either at that point or through the general jury guidelines.
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We’re proud to be a tiny, nearby small business and we want to get to know our shoppers. If you are a Black River Electric Co-op member who received a Capital Credit Retirement Fund verify that is marked VOID, do not destroy your check. Holmes brought this action against Black River in tort to recover for his injuries, alleging negligence, recklessness, and gross negligence on its element in enabling wires transmitting electrical present to be at an unsafe height and to be improperly maintained.
Black River Electric – Black River submits that pictures of Holmes’ injured and amputated arm should not have been admitted in proof since they might have aroused the sympathy of the jury to its prejudice.