Legal Opinion

Gimon v. Terrell

Supreme Court of Alabama

Decided June 15, 1861PublishedCited by 9 opinions

-Appeal from the Circuit Court df Monroe. Tried before the Hon. C. W. Rapier. This adtion was brought by Dominick Gimon, against W. M. Terrell and others, owners of the steamboat Lucy Bell, to recover damages for the conversion of a slave named Brister, who was accidentally drowned while employed as a deck' hand on the defendants’ boat.

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-Appeal from the Circuit Court df Monroe. Tried before the Hon. C. W. Rapier. This adtion was brought by Dominick Gimon, against W. M. Terrell and others, owners of the steamboat Lucy Bell, to recover damages for the conversion of a slave named Brister, who was accidentally drowned while employed as a deck' hand on the defendants’ boat. The rulings of the court on the trial, to which exceptions were reserved by the plaintiff, and which are now assigned as error, are thus stated in the bill of exceptions :— “The defendants introduced a witness, by whom they offered to prove, that he (witness)…

1Opinion of the CourtR. W. Walker, J.

The plaintiff’s objection to the evidence of the first witness for the defendant, was to the evidence as a whole. Consequently, if any portion of it was admissible, the objection was properly overruled. A part of-this evidence was, that the witness “saw Peter Desplons, fon one or two years before the drowning of Brister, at different'times officiating in hiring and looking after the negroes belonging to the plaintiff”. Whether Desplons was the agent of the plaintiff to hire or manage Brister, was one of the questions-an the case ; and we think that the evidence above quoted was relevant to…

2Cases cited8 opinions

  1. Scarborough v. ReynoldsSupreme Court of Alabama · 1847
  2. Tullis v. KiddSupreme Court of Alabama · 1847
  3. McClung's Ex'rs v. SpotswoodSupreme Court of Alabama · 1851
  4. McDonnell v. Branch Bank at MontgomerySupreme Court of Alabama · 1852
  5. Scott v. CraneSupreme Court of Connecticut · 1814

3 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Warren v. WagnerSupreme Court of Alabama · 1883
  2. Adler v. MillerSupreme Court of Alabama · 1928
  3. Martin, Dumee & Co. v. Brown, Shipley & Co.Supreme Court of Alabama · 1883
  4. Reynolds v. CollinsSupreme Court of Alabama · 1884
  5. Talladega Insurance v. PeacockSupreme Court of Alabama · 1880

4 more not listed; retrieve them via the Exa API.

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