1 Tenn. 13
Decided November 15, 1801
Tennessee Supreme Court · decided 1801-11-15
Trespass.—The defendant was employed by the plaintiff, and lived with him as an Overseer. The Plaintiff being from home, the defendant ordered a negro the property of the plaintiff, to catch a horse and go with him to the race paths. which were in the neighborhood, for the purpose of straining the horse and ascertaining his speed. The negro obeyed and started the horse, the defendant being present.
Decided 1801-11-15
¶1Let the evidence go to the jury.—The line of distinction between trespass and case, in many instances, is so nice, that it seems difficult to discover it ; this appears to be one of that description, but modern authorities seem rather to incline to trespass than case.
¶2Verdict for the plaintiff, for $350. Rule for a new trial, which was discharged.
¶3 Vide 5 T. R. 648; 6 T. R. 125; 3 Wil. 403; 1 Esp Rep. 54; 6 T. R. 128, n. 2 Hen. & Mun. 423; 2 Goulds ed. Esp. N. P. 214 215.