Cawthorn v. Deas
Supreme Court of Alabama
This action was trespass on the case, brought by the defendant in error,, in the Circuit Court of Henry, The plaintiff there, declared for an injury caused to his property, by the negligent conduct of the defendant’s slaves.
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This action was trespass on the case, brought by the defendant in error,, in the Circuit Court of Henry, The plaintiff there, declared for an injury caused to his property, by the negligent conduct of the defendant’s slaves. The Court below, during the trial, charged the jury, that it was not essential for the plaintiff to prove, that the slaves acted under their master’s authority, but that, in presumption of law, slaves wore always under the owner’s control, and that he was liable for their negligent conduct, The jury, under this charge, returned a verdict in favor of the plaintiff, and by…
1Opinion of the Court
By Mr. Justice Thotleton :
This is a writ of error, brought by the plaintiff, to *278a judgment rendered for the defendant, in the Circuit Court of Henry county, in an action of trespass on the case ; instituted to recover damages from the plaintiff for an injury done to the defendant, by the slaves of the plaintiff. A bill of exceptions taken during the progress of the cause, contains the following charge given by the Court to the jury. “ It was only necessary in this action, for the plaintiff to prove, that the corn was the property of the plaintiff, and that it was destroyed by the negligence…
2Cited by3 opinions
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