Pennsylvania, Delaware & Maryland Steam Navigation Co. v. Hungerford
Court of Appeals of Maryland
Appeal from Baltimore county court. This was an action on the case brought by the appellee against the appellants, on the 14th of April, 1832, to recover damages of them for carrying in their steam boat, out of the State, the slave of the plaintiff, whereby she was lost.
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Appeal from Baltimore county court. This was an action on the case brought by the appellee against the appellants, on the 14th of April, 1832, to recover damages of them for carrying in their steam boat, out of the State, the slave of the plaintiff, whereby she was lost. Issue was joined upon the plea of not guilty. 1. The plaintiff proved at the trial by William E. Hunger-ford, that in 1819, he purchased negro Henny (the slave in question) of Richard Batturs for $250. That afterwards he conveyed her to his brother, the plaintiff, who gave him liberty to use her free of all wages, until he…
1Opinion of the CourtStephen, J.
The rule of law is well established, that the principal is responsible for the negligence or misconduct of his agents or servants, while acting in his employment; and that any person who sustains an injury by such negligence or misconduct, may resort to the principal for indemnity and redress./ We think when the witness of the plaintiff represented to the captain that he had reason to believe, that the slave of the plaintiff was on board his boat, it was a duty legally incumbent upon him to have made, or cause to be made, such a search as would have prevented the escape of the slave from the…
2Cited by2 opinions
- Tome v. Parkersburg Branch RailroadCourt of Appeals of Maryland · 1873
- Ewalt v. HardingCourt of Appeals of Maryland · 1860