Legal Opinion

Tillman v. Chadwick

Supreme Court of Alabama

Decided January 15, 1861Published

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

  1. Eskridge v. StateSupreme Court of Alabama · 1854
  2. Dave v. StateSupreme Court of Alabama · 1853
  3. Nelson v. BondurantSupreme Court of Alabama · 1855
  4. Hall v. GoodsonSupreme Court of Alabama · 1858
  5. Gillian v. SenterSupreme Court of Alabama · 1846

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