Collier v. Lyons
Supreme Court of Georgia
Trover, in Butts Superior Court. Tried before Judge Starke, March Term, 1855. This was an action of trover, brought by John E. Lyons against Bryan W. Collier, for the recovery of the value of a negro man, slave, Wesley. It appeared in evidence that the defendant was the owner of a mill; the plaintiff sent his negro man, Wesley, to the mill, with corn to be ground.
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Trover, in Butts Superior Court. Tried before Judge Starke, March Term, 1855. This was an action of trover, brought by John E. Lyons against Bryan W. Collier, for the recovery of the value of a negro man, slave, Wesley. It appeared in evidence that the defendant was the owner of a mill; the plaintiff sent his negro man, Wesley, to the mill, with corn to be ground. While there, the waterwheel got out of order; while assisting in raising or prizing up the wheel, the negro Wesley received a blow by the lever falling, that killed him. The defendant, Collier, was present, and saw the boy Wesley…
1Opinion of the Court
By the Court.
Lumpkin, J.
delivering the opinion.
The principle involved in this case has already been virtu-ally decided by this Court.
In The Mayor Council of Columbus vs. Elizabeth Howard, (6 Ga. R. 213,) and in Gorman vs. Campbell, (14 Ga. R. 137,) we held, that where a slave is put to a different purpose from what was intended, the hirer is responsible for loss of life, although by inevitable casualty, and although the loss arose from the voluntary act of the slave: A fortiori, will this liability attach where there is no contract of hiring.
Lyons sends his negro to Collier’s mill, to have…
2Cited by3 opinions
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- Macon & Western Railroad v. Meador Bros.Supreme Court of Georgia · 1881