Marshall v. Gantt
Supreme Court of Alabama
Error to the Circuit Court of Dallas. Before the Hon. Nathan Cook. This was an action by defendant against plaintiff in error, on a breach of warranty in the sale of six slaves.
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Error to the Circuit Court of Dallas. Before the Hon. Nathan Cook. This was an action by defendant against plaintiff in error, on a breach of warranty in the sale of six slaves. By the bill of exceptions, it appears that about two months after the purchase of the negroes, by defendant in error from plaintiff, one of them by the name of Major received a gun-shot wound in the right arm, between the elbow and shoulder, nearly the whole load passing through the arm, tearing the flesh and shattering the bone ; that his attending physicians soon discovered that his lungs were seriously affected:…
1Opinion of the CourtDargan, J.
The testimony conduced to show, that Major, one of the slaves warranted to be sound, about two months after the sale, received a gun-shot wound in his arm, between the elbow and his shoulder, which tore away the flesh, and shattered the bone. Physicians were called in, and the wound dressed, which was not considered dangerous: it however did not heal, and mortification ensuing, the arm was amputated. The slave died in a few days afterwards. The physicians testified, that they believed the slave labored under a chronic affection of the lungs, at the time of the wound, which had existed for…
2Cases cited2 opinions
- Kornegay v. WhiteSupreme Court of Alabama · 1846
- Hogan v. ThoringtonSupreme Court of Alabama · 1839
3Cited by2 opinions
- Stow v. Bozeman's ExecutorsSupreme Court of Alabama · 1856
- Marshall v. WoodSupreme Court of Alabama · 1849