Legal Opinion

Lowe v. Stockton

U.S. Circuit Court for the District of District of Columbia

Decided March 15, 1835PublishedCited by 1 opinion

This was an action upon the case for permitting the plaintiff’s slaves to be carried away in the defendant’s stage-coach. The slaves were colored persons.

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This was an action upon the case for permitting the plaintiff’s slaves to be carried away in the defendant’s stage-coach. The slaves were colored persons. A decent, respectable-looking white woman, who gave her name as Powell, came to the stage-coach office of the defendants in the morning of that day, or the day before, and told the office-keeper that she wished to take seats for two of her servants, and that they would be there at the time of the departure of the evening stage-coach ; and she paid for their passage. The servants came at the time and said they were the persons for whom Mrs.…

1Opinion of the Court

The CourtT,

instructed the jury, as in Gookenderfer,s case, at December term, 1827, (3 Cranch, C. C. 257,) that if they believe, from the evidence, that the slaves of the plaintiff were taken away, without her consent, in the stage-coach of the defendants, and that the agent of the defendants, by using due and reasonable diligence, could have prevented their being so taken away, and that the said agent did not use such due and reasonable diligence, then the defendants are liable.

further instructed them, that if they should believe from the evidence that the defendants’ said agent used all the…

2Cited by1 opinion

  1. Selma and Meridian Railroad Company v. Louisiana National Bank of New OrleansSupreme Court of the United States · 1876

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