
    The Edisto Island Ferry Company ads. The Executors of Clark.
    Tried before his Honor Judge Evans, Charleston, January Terra, 1837.
    This was an action against the defendants, as common carriers, for the value of a negro, Sam, alleged to have been drowned in crossing the ferry. The evidence was, that two negroes came to the ferry landing, and called for the boat. The ferryman went over in a small batteau, very small, leaky, and dangerous. One of the negroes got in the batteau. No person saw what occurred after this ; and there was no evidence, that Sam was the negro who entered the boat. The boat was afterwards seen with the appearance ot having been overset in the river. The ferryman was found the next day, or the day after, drowned, in the river. A jacket belonging to some strange.negro, was also found. One or two days after, the owners of Sam sent to search for him. His body was found in the river. The witness saw it at Clark’s plantation, nine or ten miles below the ferry. It was brought to the shore, there, by the boat sent to make the search, but the witness did not know where it was found.
    It was very clear that Sam had b.eep drowned somewhere, and there was every reason to believe that the negro taken into the boat was drowned with the ferryman. There was no proof that any other negro had been lost in that neighborhood. The case was submitted to the jury, to decide, whether Sam was drowned in crossing the ferry. They found for the plaintiff. The notice of appeal is annexed.
    JOSIAH J. EVANS.
    
      Ground of Appeal.
    
    That there was no evidence that the negro, Sam, the property of the plaintiffs, crossed the ferry at the time in question ; nor evidence that he was drowned in crossiug the ferry; and the verdict was wholly unsupported by the testimony in the case ; and there were no circumstances detailed by the witnesses, sufficient to authorize the verdict,
    ECKHARD, Dejendanfs Attorney.
    
   Mr. Justice Evans

delivered the opinion of the court.

The question, whether the negro, Sam, was drowned in crossing at the defendant’s ferry, was a question of fact, which the jury have decided. This court is satisfied with the verdict, and the motion is dismissed.

JOSIAH J, EVANS.

Eokhard, fur motion.

Carroll & Porter, contra.

Filed 14th February, 1837.

We concur,

RICHARD GANTT,

J. B. O’NEALL,

J. S. RICHARDSON,

A. P. BUTLER.  