Alabama & Tennessee Rivers Railroad v. Burke
Supreme Court of Alabama
Appeal from the Circuit Court of Dallas. Tried before the I-Ion. Nat. Cook. This action was brought by John M. Bnrke against the appellant, and the complaint was in these words :— “ The plaintiff claims of the defendant #1,500, damages for the price or -value of a negro man slave, named Allen, -which said slave was hired by the plaintiff to the defendant, .on the first day of January, 1852, at the special instance and request of the defendant, to work on said railroad as a…
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Appeal from the Circuit Court of Dallas. Tried before the I-Ion. Nat. Cook. This action was brought by John M. Bnrke against the appellant, and the complaint was in these words :— “ The plaintiff claims of the defendant #1,500, damages for the price or -value of a negro man slave, named Allen, -which said slave was hired by the plaintiff to the defendant, .on the first day of January, 1852, at the special instance and request of the defendant, to work on said railroad as a laborer ; but the said defendant removed said slave from work on said road, and hired him to work with a mill company,…
1Opinion of the CourtRice, J.
Where the contract of hiring is general in its terms, and does not restrict the employment of the slave to any particular business, the hirer has the right to re-hire him. to another,, “ being responsible to the owner for his proper treatment, and for his not being employed otherwise than is authorized by the scope of his agreement with the owner.” Seay v. Marks, 23 Ala. R. 532.
The hirer is not only liable for his own personal negligence, but for the negligence of the person to whom he re-hires -the slave. — Story on Bailments, § 400. But in either case, he is responsible only for the…
2Cited by4 opinions
- Wilkinson v. MoseleySupreme Court of Alabama · 1857
- Jones v. FortSupreme Court of Alabama · 1860
- Hall v. GoodsonSupreme Court of Alabama · 1858
- Harris v. MaurySupreme Court of Alabama · 1857