Jones v. Fitzpatrick

Citations

• 47 S.C. 40
• 24 S.E. 1030
• 1896 S.C. LEXIS 95

Syllabus

<p>1. Charge. — The charge of the Circuit Judge in this case held not to be injurious to the plaintiffs.</p> <p>2. Experts — Evidence—New Triad. — The testimony of experts is merely the expression of opinions, and it is not error in a Circuit Judge to refuse to set aside a verdict, because the amount found by the jury was much less than the experts (the only witnesses examined as to the value of services) thought the services were worth.</p> <p>3. New Triad — Circuit Judge. — A motion for a new trial, upon the ground that the verdict is against the preponderance of the testimony, is addressed largely to the discretion of the Circuit Judge, and it is not error for him to refuse to substitute his own view of the evidence for that taken by the jury.</p> <p>4. Circuit Judge — Jury—Attorney.—It is not error in Circuit Judge to hold that the jury are the supreme judges of the value of services rendered by an attorney.</p> <p>5. Jury — Experts.—The jury are not bound to take the opinion of expert witnesses as to the value of services rendered by an attorney, but may rely on their own judgment.</p> <p>6. New Trial — Relationship oe Jurors. — A motion for a new trial, on the ground that some of the jurors were related to one of the parties, must be based on affidavits served before motion.</p> <p>7. Query — Appeal—Jury.—Can a respondent in a jury case have a judgment sustained on any ground not submitted to the jury?</p>