Henderson v. . Crouse
Supreme Court of North Carolina
Action on the case, on a warranty of the soundness of a slave, tried before Heath, J., at the last Pall Term of Lincoln Superior Court. To prove that the slave in question was unsound at the time of the warranty, (June, 1858,) the plaintiff offered evidence of the acts and declarations of the slave before, at, and after the sale, which, if believed, tended to show that he had chronic rheumatism at that time.
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Action on the case, on a warranty of the soundness of a slave, tried before Heath, J., at the last Pall Term of Lincoln Superior Court. To prove that the slave in question was unsound at the time of the warranty, (June, 1858,) the plaintiff offered evidence of the acts and declarations of the slave before, at, and after the sale, which, if believed, tended to show that he had chronic rheumatism at that time. The defendant’s counsel objected to these declarations as original evidence of unsoundness; he contended that unsoundness must first be shown by evidence aliunde, and the slave’s…
1Opinion of the CourtManly, J.
Three exceptions were taken on the trial below, to the ruling of the Court, no one of which, we think, is sustainable. Declarations of a slave that he is suffering from pain and disease are admissible according to a well establish- fed rule in this State. They have -been assimilated to the"natural cries of distress which proceed'from animals when in pain. Both are considered as evidential facts of greater or less weight according to circumstances. Such matters of evidence would be greatly strengthened by corresponding external appearances, but are not dependent upon them. It is the privilege…
2Cited by6 opinions
- Purnell v. Raleigh & Gaston RailroadSupreme Court of North Carolina · 1898
- Wilson v. Inter-Ocean Casualty Co.Supreme Court of North Carolina · 1936
- State v. Murray.Supreme Court of North Carolina · 1905
- Babb v. StateArizona Supreme Court · 1917
- Purnell v. Raleigh & Gaston RailroadSupreme Court of North Carolina · 1898
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