Jones v. . Glass
Supreme Court of North Carolina
Appeal from the Superior Court of Law of Caldwell County, at the Fall Term, 1851, his Honor Judge Dick presiding. This was a special action on the case, brought to recover damages for an injury done to a negro slave, the property of the plaintiff, by the overseer of the defendant. The facts of the case were substantially as follows : The plaintiff hired a negro man, named Willie, to the defendant, who was a miner, to be employed as a laborer in the mine.
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Appeal from the Superior Court of Law of Caldwell County, at the Fall Term, 1851, his Honor Judge Dick presiding. This was a special action on the case, brought to recover damages for an injury done to a negro slave, the property of the plaintiff, by the overseer of the defendant. The facts of the case were substantially as follows : The plaintiff hired a negro man, named Willie, to the defendant, who was a miner, to be employed as a laborer in the mine. The defendant had an overseer, by the name of Massey, under whom the said Willie and other hands were placed, Massey having the control and…
1Opinion
Much of the argument respected the liability of a master for injuries to strangers from the willful or negligent act of a servant. This, however, is not a case of that kind, but entirely different. It is a question between bailor and bailee for hire; and the plaintiff's right to recover cannot be seriously doubted, upon the principles applicable to that relation. Such a bailee is entitled to make such use, and bound to take such care, of the thing bailed as persons of ordinary prudence usually do of their own. By that rule, the defendant must have been held liable to the extent to which the…
2Cases cited3 opinions
- Daniel v. Petersburg RailroadSupreme Court of North Carolina · 1895
- Huntley v. . MathiasSupreme Court of North Carolina · 1884
- Ponton v. Wilmington & Weldon R. RoadSupreme Court of North Carolina · 1858