10 S.C.L. 170
Supreme Court of South Carolina
Decided January 15, 1818
Supreme Court of South Carolina · decided 1818-01-15
This was a special action on the case, brought by the plaintiff against defendants, the owners of a schooner called the Nonsuch, to recover the amount of a cargo of rough rice, shipped on board of said vessel, and chiefly lost by the sinking of the Nonsuch in the river, while prosecuting the voyage from Georgetown to Charleston. It appeared that the loss was occasioned by the Nonsuch having been run down by another coaster beating in the same direction.
Decided 1818-01-15
¶1*The opinion of the Court was delivered by
¶2The Court are of opinion, that the question was one of fact, which ought to have been left to the jury, to be declared by their verdict; and that as they were restricted by the charge of the Court, and confined within limits too prescribed, the verdict must be set aside, and a new trial granted. See Abbot on Shipping, Story’s Ed. from 252 to 260,