Swigert v. Graham
Court of Appeals of Kentucky
Error to the Franklin Circuit. Case. Case 158. case stated., js not brought feIsane™erofOIa contract, but for gence or misthe exercise of belongtag to the relation which arises out of the contract, a non-{he'*'contracting foMer’ofothemt affect the right of recover/. The bailee of a slave' for hire is hound to ordinary diligence in regard to the heolth, safety, &e. of the slave, and responsible for ordinary neglect, as in all cases of bailment for hire.
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Error to the Franklin Circuit. Case. Case 158. case stated., js not brought feIsane™erofOIa contract, but for gence or misthe exercise of belongtag to the relation which arises out of the contract, a non-{he'*'contracting foMer’ofothemt affect the right of recover/. The bailee of a slave' for hire is hound to ordinary diligence in regard to the heolth, safety, &e. of the slave, and responsible for ordinary neglect, as in all cases of bailment for hire. But what is ordinary care, or care in regard to one species of properly, may not be so in regard to other property; ii may vary on account of…
1Opinion of the CourtChief Justice Marshall
This action on the ease was brought by Graham against the owners of the steam boat Oliver Anderson, to recover for the loss of Edmund¡ the plaintiff’s slave, who while-employed as a hand, hired for the service of the boat, was drowned in the Kentucky river, in August, 1844. The-declaration avers that Edmund was employed on the boat for hite to be paid to the plaintiff; that the captain, officers and agents of the defendants having the management of the boat, and the direction of Edmund, &c., not regarding their duty in that behalf, took so little and such bad care of the boat that it was run…
2Cited by4 opinions
- Cumberland Telephone & Telegraph Co. v. Ware's Admx.Court of Appeals of Kentucky · 1903
- Sims v. Chance.Texas Supreme Court · 1852
- James v. DrakeTennessee Supreme Court · 1858
- Bowman v. VandiverCourt of Appeals of Kentucky (pre-1976) · 1932