Lindsay v. Griffin
Supreme Court of Alabama
Error to the Circuit Court of Talladega. Tried before tbe Hon. Ezekiel PickeNS. This was an action of TRESPASS m et armis, brought by Griffin against Lindsay.
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Error to the Circuit Court of Talladega. Tried before tbe Hon. Ezekiel PickeNS. This was an action of TRESPASS m et armis, brought by Griffin against Lindsay. There was evidence on the trial conducing to show, that the hogs of plaintiff, for injury to which the action was brought, were some of them killed, and others badly injured by the slaves of the defendant; that the defendant had at the time an overseer; that the overseer directed the slaves to put the hogs of plaintiff, which were in the field of defendant, out of the field, and that in doing this the slaves had killed some and injured…
1Opinion of the CourtPhelan, J.
The action is trespass vi et armis.
It is a well settled principle, that in the action of trespass, which is an action for the redress of injuries proceeding from unlawful force, in which force and injury are the gist of the action, those persons only are answerable, by whom, or under whose direction, or with whose approbation, the unlawful force is applied. According to this principle, a master is not liable in trespass vi et armis for injuries done by his servant, which are wilful on the part of the servant, and of which the master is ignorant, although done in the course of the master’s…
2Cases cited1 opinion
- Blackburn v. BakerSupreme Court of Alabama · 1840
3Cited by5 opinions
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- Cox, Brainard & Co. v. KeaheySupreme Court of Alabama · 1860
- Mobile & Ohio Railroad v. MaloneSupreme Court of Alabama · 1871
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- Tommie Jean Shanks v. Globe Metalluroical, Inc.District Court, S.D. Alabama · 2019