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11 F. Cas. 648

Harrison v. Evans

U.S. District Court

Decided December 15, 1806

U.S. 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. But THE COURT (nem. con.) permitted the evidence to be given to the jury. The count for trover wras abandoned by the plaintiff’s counsel. .

Decided 1806-12-15

¶1THE COURT, also,

(FITZHUGH, Circuit Judge,

¶2absent,) at the prayer of the defendant’s counsel, instructed the jury, in effect, that if the slave had a written authority from the plaintiff, without limitation of time 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.

¶3Verdict for plaintiff, $180. New trial refused.

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