Wise v. Freshly

Court of Appeals of South Carolina

Wise v. Freshly

14 S.C.L. 547

DecidedMay 15, 1826

StatusPublished

This text of 14 S.C.L. 547 (Wise v. Freshly) is published on Counsel Stack Legal Research, covering Court of Appeals of South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Wise v. Freshly, 14 S.C.L. 547 (S.C. Ct. App. 1826).

Pincite

Opinion

Colcock, J.

In this case a new trial must be granted, for the jury have by their verdict established the right of the plaintiff to recover, and if he has a right to recover he ought to have' the value of the property lost.

Where evidence is of a doubtful character, or where “ there is a conflict among the witnesses of the plaintiff and ’ defendant, the juries are the proper persons to decide. But. they have no such arbitrary and capricious power as to give to a citizen one cent for property indisputably proved to be worth five hundred or one thousand dollars.

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Colcock, J.

In this case a new trial must be granted, for the jury have by their verdict established the right of the plaintiff to recover, and if he has a right to recover he ought to have' the value of the property lost.

Where evidence is of a doubtful character, or where “ there is a conflict among the witnesses of the plaintiff and ’ defendant, the juries are the proper persons to decide. But. they have no such arbitrary and capricious power as to give to a citizen one cent for property indisputably proved to be worth five hundred or one thousand dollars.

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Bluebook (online)

14 S.C.L. 547, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wise-v-freshly-scctapp-1826.