Babcock v. Herbert
Supreme Court of Alabama
Error to the Circuit Court of Dallas. THIS was an action on the case in the Court below, by the defendant in error against the plaintiffs in error. The declaration contains four counts. The first and second counts charge the defendants as public ferry-men, and common carries, with the loss of a sulkey, the property of the plaintiffs. The third and fourth counts, are as follows.
Read the full summary
Error to the Circuit Court of Dallas. THIS was an action on the case in the Court below, by the defendant in error against the plaintiffs in error. The declaration contains four counts. The first and second counts charge the defendants as public ferry-men, and common carries, with the loss of a sulkey, the property of the plaintiffs. The third and fourth counts, are as follows. And for that, whereas, also, the said plaintiff heretofore, áre. was lawfully possessed of a certain other sulkey, of the value of two hundred and fifty dollars, and the defendants were also, then and there possessed…
1Opinion of the CourtOrmond, J.
Objections have been taken to the third and fourth counts of the declaration, but although not very formal, we think they are substantially correct. It is supposed that the third count does not show that the plaintiffs in error had any. agency in the loss of the sulky, but that from the count it appears to have been the unauthorised act of their, servants, for which they are not responsible, and the case. has been assimu-lated to the doctrine established by this Court in Cawthorne v. Deas, 2 Porter, 276, where it was held, that “the master was not liable for injuries caused by the negligent…
2Cases cited1 opinion
- Cawthorn v. DeasSupreme Court of Alabama · 1835
3Cited by4 opinions
- North American Acc. Ins. Co. v. PittsSupreme Court of Alabama · 1925
- Slimmer v. MerrySupreme Court of Iowa · 1867
- Morrison v. MarvinSupreme Court of Alabama · 1844
- Whitmore v. BowmanSupreme Court of Iowa · 1853