Administrators of Caldwell v. Barkley

Supreme Court of South Carolina

Administrators of Caldwell v. Barkley

9 S.C.L. 452

DecidedMay 15, 1818

StatusPublished

This text of 9 S.C.L. 452 (Administrators of Caldwell v. Barkley) is published on Counsel Stack Legal Research, covering Supreme Court of South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

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

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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.

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Bluebook (online)

9 S.C.L. 452, Counsel Stack Legal Research, https://law.counselstack.com/opinion/administrators-of-caldwell-v-barkley-sc-1818.