Stratton v. Harriman
Supreme Court of Missouri
jError to Cooper Circuit Court. I. It is only necessary that the petition should show that a slave committed the wrong complained of ; that the defendant at the time was the master or owner of the slave; and that plaintiff had sustained damage to his property by the commission of the wrong. (R. C. 1845, tit.
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jError to Cooper Circuit Court. I. It is only necessary that the petition should show that a slave committed the wrong complained of ; that the defendant at the time was the master or owner of the slave; and that plaintiff had sustained damage to his property by the commission of the wrong. (R. C. 1845, tit. Crimes and Punishments, article 3, section 7 and 11, and section 35 of article 9.) I. A master or owner is not liable at common law for an injury wilfully committed by his slave without his direction or assistance, especially when the slave is not at the time in the performance of his…
1Opinion of the Court
RylaND, Judge,
delivered tbe opinion of the court.
This was an action by plaintiff against the defendant, in order to recover damages for the destruction of the plaintiff’s property by the slave of the defendant. The petition states “ that John, a slave, on or about the first day of April, A, D. 1855, did wilfully set fire to and burn in the night time a barn and stable of Thomas Licklider, in the county of Cooper, and that William Harriman, the defendant, was the master and owner of said slave at the time he committed said offence. Plaintiff further states that he had in the barn and stable of…
2Cases cited4 opinions
- Wright v. J. & S. WilcoxNew York Supreme Court · 1838
- Douglass v. StephensSupreme Court of Missouri · 1853
- Ewing v. ThompsonSupreme Court of Missouri · 1850
- Jennings v. KavanaughSupreme Court of Missouri · 1837
3Cited by1 opinion
- Armstrong v. MarmadukeSupreme Court of Missouri · 1861