40 S.C.L. 75
Court of Appeals of South Carolina
Decided December 15, 1852
Court of Appeals of South Carolina · decided 1852-12-15
Before Withers, J., at Edgefield, Fall Term, 1852. This was an action of trespass fork filing a slave named Bob, the property of Stanmore Watson, deceased, of whom the plaintiff was executor. Defendant was the overseer of plaintiff on the plantation of his testator.
Decided 1852-12-15
¶1I dissent. The defence could only avail to produce a verdict for the defendant under a plea of justification. The evidence was competent under the general issue in mitigation of damages, but the plaintiff was entitled to a verdict for something, in the state of the pleading.
¶2Motion dismissed.