Dearing v. Moore
Supreme Court of Alabama
Appeal from the Circuit Court of Tuskaloosa. Tried before the Hon. EdmüNd W. Pettus. Trespass vi et armis by Alex. B. Dearing against John C. Moore, to recover damages for an assault and battery committed by defendant upon a slave named Bob, the property of the plaintiff.
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Appeal from the Circuit Court of Tuskaloosa. Tried before the Hon. EdmüNd W. Pettus. Trespass vi et armis by Alex. B. Dearing against John C. Moore, to recover damages for an assault and battery committed by defendant upon a slave named Bob, the property of the plaintiff. “ On the trial of the cause,” as the plaintiff’s bill of exceptions states, “the plaintiff introduced James M. Williams as a witness, who stated, that on the day plaintiff’s said slave was shot, he was in his plantation ; that the dogs commenced a sharp barking ip a thicket near by; that he went to the place, and discovered…
1Opinion of the CourtRice, J.
—In an action of trespass for the battery of a slave, the jury arc not confined to the actual injury sustained by the master, but may give vindictive damages. The master has the right to prove circumstances of aggravation. The defendant has the right to prove any matter which constitutes a bar to the action, and also any matter which the law permits the jury to consider in mitigation of damages.—Wheat v. Lowe, 7 Ala. R. 349; Gillian v. Senter, 9 Ala. R. 395; Mitchell v. Billingsley, 17 Ala. R. 391; Handy v. Johnson, 5 Maryland R. 459.
The plaintiff, in the present case, did not confine his…
2Cited by3 opinions
- Lewis v. ZellSupreme Court of Alabama · 1965
- Parker v. MiseSupreme Court of Alabama · 1855
- Wood v. BarkerSupreme Court of Alabama · 1860