Gillian v. Senter
Supreme Court of Alabama
Writ of Error to the Circuit Court of Cherokee,' This was an action of trespass at the suit of the defendant in error, for violently beating, bruising and ill-treating a negro man named Hamilton, belonging to him. The cause was tried on the plea of not guilty, a verdict was returned for the plaintiff, and judgment rendered accordingly. On the trial, a bill of exceptions was sealed at the instance of the defendant.
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Writ of Error to the Circuit Court of Cherokee,' This was an action of trespass at the suit of the defendant in error, for violently beating, bruising and ill-treating a negro man named Hamilton, belonging to him. The cause was tried on the plea of not guilty, a verdict was returned for the plaintiff, and judgment rendered accordingly. On the trial, a bill of exceptions was sealed at the instance of the defendant. It was shown on the part of the plaintiff, that the defendant whipped his slave with severity. The defendant then proved that he was the overseer of the plaintiff, and in the…
1Opinion of the CourtCollier, C. J.
The overseer of slaves, under a contract with the master, to supervise and direct their operations must be considered to some extent as standing in loco magisterio and of necessity invested with the authority to inflict reasonable punishment for the breach of police regulations. What are, or should be, the disciplinary rules upon a plantation, it is very difficult to define, yet there are some points in respect to the government of slaves, in which perhaps all of us are agreed. It is certainly for the interest of the master, that the slave should be taught habits of industry; and as a moral,…
2Cases cited1 opinion
- Wheat v. CroomSupreme Court of Alabama · 1845
3Cited by4 opinions
- Nelson v. BondurantSupreme Court of Alabama · 1855
- Hall v. GoodsonSupreme Court of Alabama · 1858
- State ex rel. DawsonSupreme Court of Alabama · 1864
- Tillman v. ChadwickSupreme Court of Alabama · 1861