Latimer v. Alexander
Supreme Court of Georgia
Assumpsit, in DeKalb Superior Court. Decided by Judge Hill, April Term, 1853. The facts of this case were as follows: The plaintiff in error had hired a negro man to Joseph Thompson, in the City of Atlanta, for a year. During that period, and while the negro was in the possession of Thompson, he was attacked with small pox.
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Assumpsit, in DeKalb Superior Court. Decided by Judge Hill, April Term, 1853. The facts of this case were as follows: The plaintiff in error had hired a negro man to Joseph Thompson, in the City of Atlanta, for a year. During that period, and while the negro was in the possession of Thompson, he was attacked with small pox. Thompson immediately called in Dr. Alexander, the defendant in error, as a physician, to attend the negro, without previously notifying his owner that he was sick. Dr. Alexander attended on the negro; and on the refusal of the owner to pay his bill for so doing, brought…
1Opinion of the Court
By the Court.
Lumpkin, J.,
delivering the opinion.
[1.] It is conceded that circumstances might exist, which would fix a responsibility upon the owner, not only without his consent, but even against his dissent. We believe the case of Fairchild vs. Bell, (2 Brevard, 129) to be of this description. There, the owner of a female slave, had cruelly beaten her, and had driven her away from his house and plantation, and exposed her to perish for want of food and from the pains *262of her bruises; and a neighboring physician, from motives of humanity, took the slave under his protection, and afforded her…
2Cited by1 opinion
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