Grant v. Moseley
Supreme Court of Alabama
Appeal from the Circuit Court of Mobile. Tried before the Hon. C. W. Rapier. This action was brought by the appellee, as the administrator of Clare Eavre, deceased, to recover damages of the defendant, as part owner of the steamboat ‘ Florida,’ for the loss of a slave, alleged to have been drowned by the negligence of the defendant’s servants and employees.
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Appeal from the Circuit Court of Mobile. Tried before the Hon. C. W. Rapier. This action was brought by the appellee, as the administrator of Clare Eavre, deceased, to recover damages of the defendant, as part owner of the steamboat ‘ Florida,’ for the loss of a slave, alleged to have been drowned by the negligence of the defendant’s servants and employees. The material facts of the case, as disclosed by the bill of exceptions, are these : — The slave who was the subject of the suit, a girl about seventeen years old, was, with her mistress, a passenger on the steamer ‘ Florida’ from New…
1Opinion of the CourtStone, J.
It is contended, that the plaintiff’s slave was where she had no right to be ; and from this the conclusion is attempted to be drawn, that the plaintiff cannot be heard to complain, notwithstanding the employees of defendant may not have exercised due diligence. This question was considered by this court in the case of the Steamboat Farmer v. McCraw, 26 Ala. 189 ; and it was there said, “ This rule must be understood with reference to faults which operated directly and immediately to produce the” result: that “ in all such cases, if the act causing the injury could have been prevented by the…
2Cases cited6 opinions
- Cook v. Champlain Transportation Co.Court for the Trial of Impeachments and Correction of Errors · 1845
- Beers v. Housatonuc Rail-roadSupreme Court of Connecticut · 1849
- French v. GarnerSupreme Court of Alabama · 1838
- Owners of Steamboat Farmer v. McCrawSupreme Court of Alabama · 1855
- Mock v. CundiffSupreme Court of Alabama · 1837
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Randle v. Birmingham Railway, Light & Power Co.Supreme Court of Alabama · 1910
- Employers Insurance Co. of Alabama, Inc. v. RivesSupreme Court of Alabama · 1955
- McGee v. StateAlabama Court of Appeals · 1912
- Brown v. Standard Casket Mfg. Co.Supreme Court of Alabama · 1937
- Brown & Flowers v. Central of Georgia Ry. Co.Supreme Court of Alabama · 1916
2 more not listed; retrieve them via the Exa API.