Legal Opinion

Kelly v. White

Court of Appeals of Kentucky

Decided June 24, 1856PublishedCited by 2 opinions

Case 16. Ord. Pet. APPEAR FROM LOGAN CIRCUIT. Argued: 1. That the verdict of the jury was clearly against the weight of the testimony. 2. The circuit court erred in rejecting the testimony offered by appellants to show that their habit was when a slave was hired by them to be employed in a particular business, to state that fact in the note or obligation for the hire. 3. The court erred in its instructions to the jury, given at the instance of the appellee.

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Case 16. Ord. Pet. APPEAR FROM LOGAN CIRCUIT. Argued: 1. That the verdict of the jury was clearly against the weight of the testimony. 2. The circuit court erred in rejecting the testimony offered by appellants to show that their habit was when a slave was hired by them to be employed in a particular business, to state that fact in the note or obligation for the hire. 3. The court erred in its instructions to the jury, given at the instance of the appellee. The proof shows clearly that the slave went into the ore pit of his own accord, and contrary to the injunction of the superintendent, and…

1Opinion of the CourtChief Justice Marshall

This action was brought by White to recover the value of his slave Edmund, hired to the Kellys, who were cai’rying on iron works and hired the slave to aid in that business, in which he was killed by the falling in of the earth, &c., on the sides of a pit which had been excavated in digging and raising ore for the iron works. The plaintiff maintains that Edmund was hired under air express agreement that he should be employed only at the foi’ge, and that he should not be put to woi’k at the ore banks or in digging ore. The defendants insist that he was hired expressly to be employed as they…

2Cases cited2 opinions

  1. Cassilay v. C. P. Young & Co.Court of Appeals of Kentucky · 1843
  2. King v. ShanksCourt of Appeals of Kentucky · 1851

3Cited by2 opinions

  1. Northern Life Ins. Co. v. BurkholderOregon Supreme Court · 1929
  2. Northern Life Insurance v. BurkholderOregon Supreme Court · 1930

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