Hedgepeth v. Robertson
Texas Supreme Court
Appeal from Austin. Tried below before the Hon. James H. Bell. Suit by Felix W. Robertson against H. B. Hedgepeth, Jared E. Kirby and Joseph H. White, to’ recover damages, commenced March 2nd, 1853. Pleas of not guilty.
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Appeal from Austin. Tried below before the Hon. James H. Bell. Suit by Felix W. Robertson against H. B. Hedgepeth, Jared E. Kirby and Joseph H. White, to’ recover damages, commenced March 2nd, 1853. Pleas of not guilty. Evidence of plaintiff, depositions of A. W. and R. L. Hood, as follows: 1 The plaintiff's slave, named John, on or about the 17th of April, 1853, was driving the plaintiff’s team of five yoke of oxen and wagon, laden with six bales of cotton, the property of the plaintiff, on the road from Washington to Houston. It was immediately after an overflow of the Brazos river ; and…
1Opinion of the CourtWheeler, J.
The pulling down of the fence, under the circumstances, was a necessary and justifiable act, and no tres*870pass. (2 Kent, Com. 338.) But if it did amount to a trespass, it was not an unauthorized and wanton, wilful or malicious trespass; it was done by the slave necessarily, in the performance of his master’s service, in the pursuance and execution of the authority and duty confided to his slave ; and if there was any injury occasioned by the act, the master was responsible for it. (McManus v. Crickett, 1 East. R. 106; Story Agency, Sec. 456, n ; Id. 318.) Night had overtaken the slave; he was…
2Cited by14 opinions
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