Slocumb v. . Washington
Supreme Court of North Carolina
Actios on Tint cash, tried before Shebeebd, T., at the last Superior Court of Wayne. The declaration contained two counts: 1st. That the defendants had committed a ‘breach of the terms of hiring of three slaves owned by the plaintiff. 2nd. For a want of proper care in keeping and providing for the slaves.
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Actios on Tint cash, tried before Shebeebd, T., at the last Superior Court of Wayne. The declaration contained two counts: 1st. That the defendants had committed a ‘breach of the terms of hiring of three slaves owned by the plaintiff. 2nd. For a want of proper care in keeping and providing for the slaves. Tiie slaves in question had been been hired in 1856, to the defendants as rail-road contractors, at eighty cents a day, and there was a stipulation that they should not be worked below Bear Creek. The defendants eai-ried them to work below Bear Creek, and while tliere^ in January, 1857,…
1Opinion of the CourtBtjffih, J.
The verdict is entered on both counts, hence, if there be error as to either, the judgment must be reversed. The Court is of opinion, however, that there is error in both. As to the first: upon the supposition that the jury did not believe the witness to the plaintiff’s license to carry the slaves below Bear Creek, he would be entitled to nominal damages for the breach of the contract, by the mere fact of carrying them there. But he would be entitled to no more, unless upon evidence that he sustained greater damage in an injury to the slaves, by reason that they were carried beyond the point…
2Cited by1 opinion
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