Harrison v. Evans

Decided December 15, 1806

District of Columbia District Court · decided 1806-12-15

Trover for a mulatto woman slave, named Nell; with a special count for carrying away the plaintiff’s slave, without his consent, whereby she was lost to the plaintiff. offered evidence that the plaintiff had permitted the slave to go about and hire herself where she chose. objected. But the Court (nem. con.) permitted the evidence to be given to the jury. The count for trover was abandoned by the plaintiff’s counsel. Dennison Darling was offered as a witness for the defendant. It had been proved that he was the keeper of the defendant’s stage-coach office, and had ordered the driver to call at Mrs. Thompson’s and take a servant, who proved to be the slave in question. It was objected, by the plaintiff’s counsel, that he was interested ; because if the plaintiff recovers against Evans, Evans could recover against him.

Decided 1806-12-15

But the Court

¶1(nem. con.) overruled the objection because the witness is indifferent. For although if the plaintiff recovers against Evans, Evans may recover against Darling; yet, if plaintiff does not recover against Evans, he may against Darling, so that he would be liable in either event.

¶2The Court, also,

(Fitzhugh, J., absent,)

¶3at the prayer of the defendant’s counsel, instructed the jury, in effect, that if the slave had a written authority from the plairitiff, without limitation of *365time or place, to seek for a new master, the plaintiff could not recover in this action, although such authority was not shown to the defendant or his agents.

¶4Verdict for plaintiff, $180. New trial refused.