Eckles v. Bates
Supreme Court of Alabama
Appeal from the Circuit Court of Montgomery. Tried before the ITon. John G-ill Shorter. COVENANT by George M. Bates against Eckles & Brown, to recover damages for the breach of a warranty of soundness, contained in a sealed bill of sale of a slave named Toney, sold by defendants to plaintiff in January, 1851. On the trial, as defendants’ bill of exceptions discloses, a groat number of exccptidns were saved to the rulings of the court in the admission and exclusion of…
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Appeal from the Circuit Court of Montgomery. Tried before the ITon. John G-ill Shorter. COVENANT by George M. Bates against Eckles & Brown, to recover damages for the breach of a warranty of soundness, contained in a sealed bill of sale of a slave named Toney, sold by defendants to plaintiff in January, 1851. On the trial, as defendants’ bill of exceptions discloses, a groat number of exccptidns were saved to the rulings of the court in the admission and exclusion of evidence on the question of the slave’s unsoundness ; but of these it is only necessary to state such as are decided by this…
1Opinion of the CourtChilton, C. J.
—We fully recognize tbe doctrine, as asserted in Rowland v. Walker, 18 Ala. R. 749, that the declarations of a slave, made when sick, relative to the symptoms and nature of the disease under which he is laboring, whether made to a physician or other person, are admissible as original evidence. Such declarations are admissible as explanatory of the present condition of the slave, upon the principle of res gestee, as well as upon the necessity of the case.
We are also of opinion, that what the slave said to the physician, both as respected his condition at the time he was called to see him, and…
2Cited by22 opinions
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- Louisville, New Albany & Chicago Railway Co. v. WoodIndiana Supreme Court · 1887
- Birmingham Union Railway Co. v. HaleSupreme Court of Alabama · 1890
- Western Union Tel. Co. v. RowellSupreme Court of Alabama · 1907
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