Tillman v. Chadwick
Supreme Court of Alabama
Appeal from the Circuit Court of Russell. Tried before the Hon. R®bert Dougherty. Ti-iis action was brought by William L. Tillman, against Dickinson Chadwick, to recover damages for injuries inflicted on a slave. At the time of the commission of the alleged trespass, the slave was in the defendant’s possession, under a contract of hiring.
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Appeal from the Circuit Court of Russell. Tried before the Hon. R®bert Dougherty. Ti-iis action was brought by William L. Tillman, against Dickinson Chadwick, to recover damages for injuries inflicted on a slave. At the time of the commission of the alleged trespass, the slave was in the defendant’s possession, under a contract of hiring. The only, error assigned is, the refusal of the circuit court to give, at the instance of the plaintiff, 'the following charge: — “If the jury believe, from all the facts and circumstances of the ease, as gathered from the testimony, that the punishment…
1Opinion of the CourtStone, J.
It is a settled doctrine of the law, that the owner of a slave, and whoever rightfully stands in his place, is. “ of necessity invested with authority to inflict on such slave reasonable punishment for the breach of police regulations.” — Gillian v. Senter, 9 Ala. 395. The hirer of a slave, when there are no qualifying stipulations in the contract of hiring, is, for the time being, armed with the power of the owner in this respect. — Nelson v. Bondurant, 26 Ala. 341 ; Hall v. Goodson, 32 Ala. 277.
What is reasonable punishment, and when it can be affirmed that correction has gone beyond this…
2Cases cited6 opinions
- Eskridge v. StateSupreme Court of Alabama · 1854
- Dave v. StateSupreme Court of Alabama · 1853
- Nelson v. BondurantSupreme Court of Alabama · 1855
- Hall v. GoodsonSupreme Court of Alabama · 1858
- Gillian v. SenterSupreme Court of Alabama · 1846
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