Administrators of Caldwell v. Barkley

Supreme Court of South Carolina

Administrators of Caldwell v. Barkley

9 S.C.L. 452

Supreme Court of South Carolina·Decided May 15, 1818·Published

Opinion

The opinion of the Court was delivered by

Mr. Justice Cheves.

This case was tried before me; and if I had been of the Jury, I certainly should have given a different verdict: but I am not disposed to disturb their verdict. There was evidence on both sides; and although 1 think it preponderated in favour of the defence, yet it was not very pre[455]*455cise or very strong. The opinion of the physician was founded on a single view of the negro; and he says no more than, that he at that time had weak eyes: though he supposes hard hour in the sun might destroy his sight. This is hypothetical, and not very clearly or strongly stated. On the whole, Í am of opinion a new trial ought not to be granted.

Grimicé, Colcock, JVott, Gantt, and Johnson, J. concurred.

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The opinion of the Court was delivered by

Mr. Justice Cheves.

This case was tried before me; and if I had been of the Jury, I certainly should have given a different verdict: but I am not disposed to disturb their verdict. There was evidence on both sides; and although 1 think it preponderated in favour of the defence, yet it was not very pre[455]*455cise or very strong. The opinion of the physician was founded on a single view of the negro; and he says no more than, that he at that time had weak eyes: though he supposes hard hour in the sun might destroy his sight. This is hypothetical, and not very clearly or strongly stated. On the whole, Í am of opinion a new trial ought not to be granted.

Grimicé, Colcock, JVott, Gantt, and Johnson, J. concurred.

Administrators of Caldwell v. Barkley, 9 S.C.L. 452 (S.C. 1818).

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