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2 D.C. 637

Semmes v. Sherburne

Decided December 15, 1825

Trover for a slave. This cause having come on to trial again upon the amended pleadings, [ante, 534.] The Court, at the prayer of the plaintiff’s counsel, instructed the jury, that if they believed from the evidence that the defendant, without the consent or authority of the plaintiff carried his female slave away to N. Hampshire and did not bring her back again and return her to the plaintiff, and that by reason of her being so carried away, the plaintiff has lost her, the…

Decided 1825-12-15

The Court

¶1further instructed the jury, at the prayer of the defendant, that if they should find from the evidence that the plaintiff assented to the taking of the slave to New England, either before or after the defendant took her, and that such slave was lost without any negligence or omission of the defendant, the plaintiff is not entitled to recover.

¶2Verdict for the plaintiff, $360, and judgment.

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