¶1
On Rehearing ¶2 MR. CHIEF JUSTICE GARY and MR. JUSTICES WATTS and FRASER concur. *480
¶3 I do not see how it is possible to resist the conclusion that the leading opinion completely ignores the eighth exception and favor a rehearing.
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Status
Disposition: Judgment for Alma G
Case posture Disposition Judgment for Alma G. Bouknight affirmed; for J. T. Bouknight, reversed. Posture Before WHALEY, J., County Court, Richland, December, 1920. Judgment for Alma G. Bouknight affirmed; for J. T. Bouknight, reversed.Two actions by Alma G. Bouknight and J.T. Bouknight against L.T. Lester. Judgment for both plaintiffs and defendant appeals.
The eighth exception was as follows:
In that the trial Court was in error in permitting both plaintiffs to testify over objection of defendant's counsel as to their injured feelings and humiliation, such testimony being not only a conclusion, but being improper to submit to a jury as to how the alleged acts might have affected these plaintiffs. The question was not how the alleged acts might have affected two single individuals, but the jury should have been left to determine whether the acts complained of would have humiliated or embarrassed the ordinary person who might have entered the theatre in question, and the plaintiffs should not have been allowed to express any opinion or give any conclusions as to how the alleged acts affected them individually. The trial Court was in error in so finding and holding. Source: CourtListener
