Gibson v. Andrews
Supreme Court of Alabama
ERROR to the County Court of Mobile. This action was commenced by the plaintiff in error before a Justice of the Peace, and having obtained a judgment the defendant appealed to the County Court.
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ERROR to the County Court of Mobile. This action was commenced by the plaintiff in error before a Justice of the Peace, and having obtained a judgment the defendant appealed to the County Court. It appeared in evidence that the plaintiff was a physician, and being at Pascagoula in Mississippi, attended on a slave of the defendant who was dangerously ill, and'required the most assiduous medical attention, which was rendered to him — that there did not appear to be any one at Pascagoula whose duty it was to attend to said negro, the defendant being in Alabama. The defendant, when applied to for…
1Opinion of the CourtOrmond, J.
The master being entitled to the entire ser-, vices of the slave, is under both a moral and legal obligation to supply his necessary wants. Of the extent of these wants, while under his protection, he is himself the judge. This duty which he owes both to the slave and the community, he cannot absolve himself from, by voluntarily permitting him to be beyond his control, unless he provides some person to stand in the relation of master to the slave.
In the case of Fisher and Johnson v. Campbell, [9th Porter, 210,] this obligation of the master is said to be similar to that of a father to support…
2Cited by6 opinions
- Atwood's Heirs v. BeckSupreme Court of Alabama · 1852
- Owen v. PeeblesSupreme Court of Alabama · 1868
- Hutton v. WilliamsSupreme Court of Alabama · 1877
- Mitchell v. Tallapoosa CountySupreme Court of Alabama · 1857
- Creswell's v. WalkerSupreme Court of Alabama · 1861
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