Graham v. Roark
Supreme Court of Arkansas
Appeal from, Calhoun Circuit Court. Hon. John C. Murray, Cii'cuit Judge. The appellant is not liable for the trespass complained of in this action (though the owner of the slaves,) he not being present at the time, having no cognizance or knowledge of the matter, and never having approved of it.
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Appeal from, Calhoun Circuit Court. Hon. John C. Murray, Cii'cuit Judge. The appellant is not liable for the trespass complained of in this action (though the owner of the slaves,) he not being present at the time, having no cognizance or knowledge of the matter, and never having approved of it. The whole matter being done wholly and solely by Harrold, and under his direction, he is alone liable; he being, in every view of our law, the “ master or owner ” of the slaves when committing-the trespass. The master is liable in trespass for the act of his servant only in consequence of his command;…
1Opinion of the CourtJustice Fairchild
In August 1856, the slaves of the appellant, acting under the direction of his overseer, cut down and carried away and destroyed the corn and peas that were growing upon a piece of land belonging to James King, who, being dead, is now represented in this suit by his administrator, the appellee; and also threw down and carried away the rails with which the land was fenced. For these injuries the appellee brought this suit against the appellant, founded upon the fifth section of ch. 174 of Gould's Digest, which provides that for the commission of such trespasses, as have been mentioned, by…
2Cited by5 opinions
- Western Union Telegraph Co. v. BushSupreme Court of Arkansas · 1935
- Patterson v. ChaneyNew Mexico Supreme Court · 1918
- Choctaw & Memphis Railroad v. GosetSupreme Court of Arkansas · 1902
- H. & W. Blunt v. WilliamsSupreme Court of Arkansas · 1872
- Bagley v. Rose Hill Sugar Co.Supreme Court of Louisiana · 1903