Hall v. Goodson
Supreme Court of Alabama
[TRESPASS BY OWNER AGAINST HIRER OS' SLATE.] Appeal from the Circuit Court of Autauga. Tried before the lion. E. "W. Pettus. This action, which was commenced in September, 1866, was brought by Dixon S. Hall, against Elias B. Goodson, to recover damages for injuries inflicted by defendant on a slave named Simon, the property of the plaintiff.
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[TRESPASS BY OWNER AGAINST HIRER OS' SLATE.] Appeal from the Circuit Court of Autauga. Tried before the lion. E. "W. Pettus. This action, which was commenced in September, 1866, was brought by Dixon S. Hall, against Elias B. Goodson, to recover damages for injuries inflicted by defendant on a slave named Simon, the property of the plaintiff. The slave was hired by plaintiff to defendant, for the year 1865, at the price of $120; and the injuries complained of were inflicted by the defendant in June of that year, as a punishment for the slave’s running away. There was no direct proof of the…
1Opinion of the CourtStone, J.
Whether, under the facts in this case, the action for the redress of the grievances complained of should be trespass or case, is by far the most important question presented by the record. The case of Nelson v. Bondurant, 26 Ala. 341, is full to the point, that when the contract of hiring contains no express stipulations as to-the treatment of the slave, the owner delegates to the hirer the same right to punish and correct the slave which he himself has; but, if the punishment inflicted by the hirer, when considered with a just regard to aJI the attendant circumstances, is either cruel or…
2Cases cited15 opinions
- Barclay v. Richard W. Howell's LesseeSupreme Court of the United States · 1832
- Campbell v. StateSupreme Court of Alabama · 1853
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