Allison v. Western N. C. R. R.
Supreme Court of North Carolina
Case, tried before Buxton, .7., at July Special Term 1870 of Ibedell Court. Tbe action had been brought in 1860, to recover damages for the loss of a slave, whilst in the employment of the defendant, in 1859, under a contract of hire as a section-hand. The slave, with others, had been placed by the Company, for a temporary purpose, under the control of a contractor, who was building a bridge for it. The Section-Master accompanied, and remained in charge of them.
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Case, tried before Buxton, .7., at July Special Term 1870 of Ibedell Court. Tbe action had been brought in 1860, to recover damages for the loss of a slave, whilst in the employment of the defendant, in 1859, under a contract of hire as a section-hand. The slave, with others, had been placed by the Company, for a temporary purpose, under the control of a contractor, who was building a bridge for it. The Section-Master accompanied, and remained in charge of them. Whilst so engaged, he was directed to sleep with other slaves of the Company and the contractor, in a house having bunks in it for…
1Opinion of the CourtEeade, J.
To put a Dumber of slaves into a room to ■cook, eat and sleep, -with an open keg of powder under their sleeping bunk, unknown to them, is negligence, and subjects the negligent bailee to damages for any injury to the slaves, by reason of the explosion of the powder.
It is objected, that the bailee did not know of the presence of the powder. The answer is, that his servant, in the regular course of his employment, put it there; and although the bailee had not that “ guilty knowledge” which would subject him to criminal liability, yet, civilly, the act of his ■servant is his act; qm faeit per…
2Cited by6 opinions
- McGhee v. Norfolk & Southern Railway Co.Supreme Court of North Carolina · 1908
- Patterson v. KatesU.S. Circuit Court for the District of Eastern Pennsylvania · 1907
- Rush v. Spokane Falls & Northern Railway Co.Washington Supreme Court · 1900
- Britt v. Carolina & Northern RailroadSupreme Court of North Carolina · 1907
- McGhee v. Norfolk & Southern Railway Co.Supreme Court of North Carolina · 1908
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