Legal Opinion

Perry v. Marsh

Supreme Court of Alabama

Decided June 15, 1854PublishedCited by 30 opinions

Appeal from the City Court of Mobile. Tried before the Hon. Alex. McKinstry. The declaration, which was in case, alleges that the slave of the plaintiff below, Marsh, was bound for a term of years to one Sadler, a bricklayer, to learn the trade ; that the defendant hired one Coxe, who was in the employ of Sadler, and was his agent, to do certain work near the furnaces and boilers of a building owned by defendant, and used as a cotton press, knowing that the building was…

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Appeal from the City Court of Mobile. Tried before the Hon. Alex. McKinstry. The declaration, which was in case, alleges that the slave of the plaintiff below, Marsh, was bound for a term of years to one Sadler, a bricklayer, to learn the trade ; that the defendant hired one Coxe, who was in the employ of Sadler, and was his agent, to do certain work near the furnaces and boilers of a building owned by defendant, and used as a cotton press, knowing that the building was unsafe to work in, and that while engaged with the slave in doing the work, the building, owing to the carelessness of the…

1Opinion of the CourtGoldthwaite, J.

The demurrer was properly overruled. The declaration is in case, and alleges, that the negro of the plaintiff was bound for a term of years to one Sadler, a bricklayer, to learn the trade; that the defendant engaged one Coxe, who was in the employ of Sadler, and was his agent, to do certain brick work about the boilers, within a building belonging to the defendant, used as a cotton-press, which building was unsafe and dangerous, and known to be so'by the defendant; that said Coxe took said slave with him, to assist in doing the work, and while engaged in it, in such work, the building, owing…

2Cases cited2 opinions

  1. Panton v. HollandNew York Supreme Court · 1819
  2. Schieffelin v. HarveyNew York Supreme Court · 1810

3Cited by30 opinions

  1. Chicago & Northwestern Railway Co. v. BayfieldMichigan Supreme Court · 1877
  2. Chicago & North Western Railroad v. SwettIllinois Supreme Court · 1867
  3. Babcock Bros. Lumber Co. v. JohnsonSupreme Court of Georgia · 1904
  4. Ryan v. . FowlerNew York Court of Appeals · 1862
  5. Government Street R. R. v. HanlonSupreme Court of Alabama · 1875

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