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45 S.C.L. 672

Peake v. Scaife

Court of Appeals of South Carolina

Decided December 15, 1858

Court of Appeals of South Carolina · decided 1858-12-15

BEFORE WARDLAW, J., AT UNION, FALL TERM, 1858. Tbe report of bis Honor, tbe presiding Judge, is as follows : “Assumpsit for medical services rendered to slaves of the defendant. “ To prove tbe items of account, tbe plaintiff was sworn and adduced bis book. The book showed enterics in this form: “ 1857, Eeb. 5. Attendance on Manuel, $5,00.” The bill of particulars, which was filed, consisted of items in this form: “1857, Eeb. 5.

Decided 1858-12-15

¶1Tbe opinion of tbe Court was delivered by

O’Neall, J.

¶2It is true in Wells vs. Kennerly, 4 McCord, 123, it is said that medical attendance on a slave hired, may be the subject of contract between the owner and the person hiring: and such a course is recommended as the bill can be deducted from the wages. Beyond all doubt that case in its leading principle, that 'the master is not by law liable for the *675physician’s bill, who attends bis slave while in the possession of the person hiring, and at his request, or in the ’exception before pointed out, does not sustain the plaintiff’s case.

¶3Jeter, who hired the slave, and who by his overseer called in the plaintiff, is liable for his bill. It maytbe that he (Jeter,) can recover the amount of it after paying it, from the defendant. Between them there is privity of contract: but between the plaintiff, and the defendant, there is none.

¶4The motion is dismissed.

Wardlaw, Withers, Whitíter, G-loyer and Munro, JJ., concurred.

¶5Motion dismissed.

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