| S.C. | Jan 15, 1823
delivered'the opinion of the court:
On the first ground taken in this brief, it is only necessary to observe, that it has been the long established doctrine in this state, that the protest of the master and mariners should be received in evidente ; and this was solemnly determined by the unanimous opinion of the bench of judges in 1800, in the case of Campbell vs. Williamson, (2 Bay’s Rep. 242. J It is not perceived how it can be said that the verdict of the juiy is contrary to law, (as the^ second ground states,) for it is admitted on the ground itself that the legal- presumption may be rebutted, and whether it was rebutted, is certainly a question of fact for the jury.' They have a right to determine according to their view of the evidence, and consequently their verdict is a determination of fact, and not of law. The law was distinctly stated to them. That sea-rvorthiness was in the first instance' to be presumed, but that- if a ship within a day or two after her departure became leaky and foundered-at sea, or should be obliged to put back, without any visible of adequate cause to produce such an effect,- the natural
The motion is dismissed.