Harvey v. Epes
Supreme Court of Virginia
This was an action on the case in the Circuit court of Amelia county, by Frances Epes against Robert Harvey and James Hunter, partners, and contractors on the Richmond and Danville railroad. The declaration contained two counts.
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This was an action on the case in the Circuit court of Amelia county, by Frances Epes against Robert Harvey and James Hunter, partners, and contractors on the Richmond and Danville railroad. The declaration contained two counts. The first count set out that on a certain day in 1S49, the defendants hired of the plaintiff until the 25th of December 1849 then next ensuing, two negro men ,slaves, the property of the plaintiff, to be worked and employed by the said defendants upon such part only of the Richmond and Danville railroad as might be located in the county of Amelia. Which said slaves…
1Opinion of the CourtMoncure, J.
The first count of the declaration seems to be good, in substance at least if not in form; and I think the demurrer thereto was properly overruled. Indeed there is no complaint of error in the judgment in that respect.
The first and main question in this case arises on the instruction given to the jury in lieu of the second instruction asked for by the plaintiffs in error. Their liability for the value of the slaves in controversy under the first count of the declaration, depends upon whether the death of the slaves was occasioned by any default of the plaintiffs in error, the hirers of the…
2Cases cited1 opinion
- Wheelock v. WheelwrightMassachusetts Supreme Judicial Court · 1809
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- Claiborne v. ParrishCourt of Appeals of Virginia · 1795
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