Glover v. Burbidge

Citations

• 27 S.C. 305
• 3 S.E. 471
• 1887 S.C. LEXIS 136

Syllabus

<p>1. In an action at law this court has no power to review a decision of the Circuit Judge refusing to grant a new trial, when the motion was based on an alleged insufficiency of testimony.</p> <p>2. Naked depositaries are liable only for gross negligence, or a lack of ordinary care; and where a party makes a special deposit of money in the safe of a merchant, whose known habit is to permit trusty clerks to open his safe, the Circuit Judge erred in instructing the jury that the depositary would be liable for the loss of this money if it was abstracted out of the safe by one of their employees.</p> <p>Mr. Chief Justice Simpson concurred in the result, and Mr. Justice McIver dissented.</p>