Legal Opinion

Eaton v. Vaughan

Supreme Court of Missouri

Decided January 15, 1846PublishedCited by 9 opinions

ERROR to Howard Circuit Court. To reverse the judgment of the circuit court the plaintiff in error will insist upon these points : 1. That the defendant was not liable if he bona fide believed the person to be a free man, and merely permitted him as such to go on his boat as a passenger. See 7 Dana Ky. Rep. 252; Story on Bailments, section 591; 2 Cowper, 476.- 2. That the damages were excessive and outrageous.

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ERROR to Howard Circuit Court. To reverse the judgment of the circuit court the plaintiff in error will insist upon these points : 1. That the defendant was not liable if he bona fide believed the person to be a free man, and merely permitted him as such to go on his boat as a passenger. See 7 Dana Ky. Rep. 252; Story on Bailments, section 591; 2 Cowper, 476.- 2. That the damages were excessive and outrageous. In support of the judgment of the circuit court, the counsel for the plaintiff below will rely upon the following points and authorities : 1. The defendant’s voluntary act of receiving…

1Opinion of the CourtScott, J.

Vaughan brought an action of trespass against Eaton, under the following circumstances: Vaughan resided at Glasgow in Howard county, and owned a slave named Charles, who was reared in that county by his father-in-law, Wm. Ward. On the night of the 22d August, 1844, Charles escaped from Vaughan, and as the steam boat Wapello, of which Eaton was captain, was then lying at the port of Glasgow, and a suspicion arising that Charles was on board the boat, early next morning diligent search was made for him, but he was not found. Charles was described to the officer of the boat who made the search.…

2Cited by9 opinions

  1. Kaelin v. CommonwealthCourt of Appeals of Kentucky · 1886
  2. State v. BondSupreme Court of Missouri · 1905
  3. State v. NienaberSupreme Court of Missouri · 1941
  4. Wilkinson v. StateSupreme Court of Missouri · 1970
  5. State v. VonderauSupreme Court of Missouri · 1969

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