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SCOTT v. NOVICH

12/18/1989

the servant's employment which are in furtherance of the master's business. Scott claims the court's charge did not allow the jury to find Novich liable if Pipkin acted beyond his authority but in the furtherance of Novich's business. However, there is no evidence Pipkin was acting outside his authority. To the contrary, Novich's testimony indicates Pipkin was acting
Scott also contends the trial judge erred in failing to properly charge the jury on the issue of damages. We need not discuss the propriety of the trial judge's charge on this issue, for where the jury finds no liability for actual damages, any error in a charge on punitive damages is harmless. O'Neal v. Carolina Farm Supply of Johnston, Inc., 279 S.C. 490, 309 S.E.2d 776 (Ct. App. 1983).


Finally, Scott contends the trial judge erred in failing to grant him a judgment notwithstanding the verdict or new trial in that the jury verdict was contrary to the evidence presented at trial. We disagree. A review of the record discloses ample evidence supporting the jury's verdict.


All other issues raised by Scott are manifestly without merit and are therefore affirmed under S.C. Code Ann. ยง 14-8-250 (Supp. 1988).


Affirmed.


BELL and CURETON, JJ., concur.






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