Dunbar v. Williams
New York Supreme Court
IN ERROR, on certiorari, from a justice’s court. Williams brought an action against Dunbar before the justice, for medicine administered by the plaintiff below, and attendance as a physician, on a negro slave, belonging to the defendant. The defendant pleaded non assumpsit. The plaintiff proved his bill to be reasonable, and it was admitted that he kept honest books, and that the person he attended was the slave of the defendant.
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IN ERROR, on certiorari, from a justice’s court. Williams brought an action against Dunbar before the justice, for medicine administered by the plaintiff below, and attendance as a physician, on a negro slave, belonging to the defendant. The defendant pleaded non assumpsit. The plaintiff proved his bill to be reasonable, and it was admitted that he kept honest books, and that the person he attended was the slave of the defendant. It was proved that the * slave had a foul disease, which he concealed from the defendant, and that he applied to the plaintiff who cured him. No request of the…
1Per curiam
If medical aid or other assistance be rendered to a slave in a case of necessity, which does not admit of a previous application to the master, the person so rendering the assistance, would, probably, be entitled to compensation from the master ; and the law would raise an implied assumpsit, on the ground that the master was legally bound to make the requisite provision for his slave. On this principle, it was ruled by Lord Eldon, in Simmons v. Wilmot, (3 Esp. Rep. 91.) that if a person takes care of a casual pauper, and for whom the parish officers would he liable to provide, he has a right…
2Cited by17 opinions
- Fitch v. NewberryMichigan Supreme Court · 1843
- Harding v. MinearCalifornia Supreme Court · 1880
- Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. ShrumIndiana Court of Appeals · 1899
- Hewett v. BronsonNew York Court of Common Pleas · 1873
- Newnan v. WashingtonTennessee Supreme Court · 1827
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