Court of Appeals of South Carolina, 1826

Wise v. Freshly

Wise v. Freshly
Court of Appeals of South Carolina · Decided May 15, 1826 · Colcock
14 S.C.L. 547

Wise v. Freshly

Opinion of the Court

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.