Smith v. Shackleford

Judge Marshall

delivered the Opinion of the Court.

This case was formerly before this Court, when the judgment rendered against the plaintiff, on the demise of Rachel Shackleford, was reversed. Reference is made to the opinion then delivered (5 Dana, 232,) for a statement of the general facts on which the controversy depends, and of the principles then decided. On the trial which was had after (he return of the cause to the Circuit Court, a verdict and judgment were rendered against the defendants, and the cause is brought here now upon their appeal.

Two of the questions made in this case,…