Burton v. Holley
Supreme Court of Alabama
Appeal from the Circuit Court of Greene. Tried before the Hon. Nat. Cook. This action was brought by John H. Burton against George ■ S. Holley, to recover damages for the defendant’s wrongful act in taking'and withholding from plaintiff six slaves which he had hired from defendant for the year 1854 ; and the defendant pleaded “not guilty, in short by consent, with leave to give any special matter in evidence.”
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Appeal from the Circuit Court of Greene. Tried before the Hon. Nat. Cook. This action was brought by John H. Burton against George ■ S. Holley, to recover damages for the defendant’s wrongful act in taking'and withholding from plaintiff six slaves which he had hired from defendant for the year 1854 ; and the defendant pleaded “not guilty, in short by consent, with leave to give any special matter in evidence.” On the trial, as appears from the bill of exceptions, the plaintiff offered to prove, “ that he owned a valuable tract of land, suited to the production of corn and cotton, prepared for…
1Opinion of the CourtRice, C. J.
In an action for the wrongful taking and withholding of the plaintiff’s slaves, he cannot recover special damage, which is not, in legal contemplation, the natural and *320proximate consequence of the tortious act alleged in his complaint. The special damage, which the evidence offered by the plaintiff in. this case, and excluded by the court, tended to prove, was not the natoal and proximate consequence of the tortious act alleged in his complaint. There was, therefore, no error in excluding that evidence. — Sims v. Glazener, 14 Ala. R. 695; Donnell v. Jones, 13 ib. 490 ; Walker v. Walker, 26…
2Cited by18 opinions
- Brigham & Co. v. CarlisleSupreme Court of Alabama · 1884
- Pollock & Co. v. GanttSupreme Court of Alabama · 1881
- Bell v. ReynoldsSupreme Court of Alabama · 1885
- Street v. SinclairSupreme Court of Alabama · 1881
- Herring v. SkaggsSupreme Court of Alabama · 1878
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