¶1The opinion of the judges chosen by the parties to a race is not conclusive, and if they are mistaken, or corrupt, such opinion ought to be set aside, and the justice of the case disclosed by other testimony: they are, therefore, of opinion, the testimony was well received by the court, and that judgment be entered for the plaintiff.
1 N.C. 548
Moore v. Simpson
Supreme Court of North Carolina
Decided December 15, 1804
Supreme Court of North Carolina · decided 1804-12-15
This was an action in the case brought by the plaintiff against the defendant, as stake-holder at a course race. The plaintiff and one Chartres started their horses, and in running the last round of the first heat, at the commencement of the straight, the horse of Chartres left the tract and run within the poles, but was reined into the track, in time to be within less than a distance of Moore's horse when he passed the poles.
Decided 1804-12-15