Mangham v. Cox & Waring
Supreme Court of Alabama
Appeal from the Circuit Court of Mobile. Tried before the Hon. C. W. Rapier. This action was brought by Willis W. Manghain against Jesse Cox and Moses Waring ; and the complaint, as amended, was as follows : “ The plaintiff claims one thousand dollars damages from the defendants, who are the owners of the steamboat Fashion, for permitting plaintiff’s slave Spencer to be conveyed on said boat from Mobile to Montgomery, in the month of February, 1853, said negro then and there…
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Appeal from the Circuit Court of Mobile. Tried before the Hon. C. W. Rapier. This action was brought by Willis W. Manghain against Jesse Cox and Moses Waring ; and the complaint, as amended, was as follows : “ The plaintiff claims one thousand dollars damages from the defendants, who are the owners of the steamboat Fashion, for permitting plaintiff’s slave Spencer to be conveyed on said boat from Mobile to Montgomery, in the month of February, 1853, said negro then and there having had no pass, or permit, from said plaintiff; and. by reason of said negro being so conveyed to Montgomery as…
1Opinion of the CourtRice, C. J.
Our first duty in this case is, to determine the meaning of two sections of the Code, which are in the words following :
“ § 1010. Any railroad company, in whose car or vehicle, and the master or owner of any steamboat or vessel, in which a slave is transported or carried, without the written authority of the owner or person in charge of such slave, forfeits to the owner the sum of fifty dollars ; and, if such slave is lost, is liable for his value, and all reasonable expenses attending the prosecution of the suit.”
“§ 1011. In any action under the preceding section, it devolves on the…
2Cases cited2 opinions
- Faw v. MarstellerSupreme Court of the United States · 1804
- Buel v. New-York SteamerSupreme Court of Louisiana · 1841
3Cited by3 opinions
- Carey & Co. v. Burruss & PitzerWest Virginia Supreme Court · 1882
- Stewart v. GillilandSupreme Court of Alabama · 1929
- Huey v. StateSupreme Court of Alabama · 1858