Salter v. Howard
| Decision Date | 31 July 1871 |
| Citation | 43 Ga. 601 |
| Parties | SAMUEL P. SALTER, plaintiff in error. v. JOHN HOWARD,defendant in error. |
| Court | Georgia Supreme Court |
Master and servant. Damages. Before Judge Cole. Houston Superior Court. December, 1868.
Howard averred that certain eighteen negroes were employed by him as his servants for carrying on his farming *operations, yet Salter, knowing this fact, and with a view to injure him, on the 29th of January, 1866, wrongfully enticed them away into his service, whereby Howard lost the profits of their labor.
Howard testified about the 24th of December, 1865, he hired said negroes to work on his plantation for 1866. They were to furnish themselves and get one-third of the crop. These terms were reduced to writing, he took a copy and gave them one, but neither he nor they signed the contract, because it was desirable to fill up the number of hands wanted before going to sign before the Freedmen's Bureau agent. These negroes were on his place till about the 22d of January, 1866, when they left, saying they were going to defendant. About that time Salter's wagon came for them, but Howard sent it back, with a note that he had employed them for 1866, and he supposed he, Salter, would not employ them. Salter's agent sent back an insolent reply. Subsequently the negroes left. He found them on Salter's place and demanded them from him. Salter replied that he would not drive the negroes off, but Howard could send the sheriff after them. Howard said he would send the sheriff after them and him too. Salter said he had made no contract with the negroes as the papers were not signed. Howard considered the signing not necessary to constitute the contract, but whether the negroes did he did not know.
He said he was damaged $3,000 00. Because these negroes had provisions, while those whom he afterwards employed had none, he had to furnish them, and failing to make a crop he lost the price of these provisions. Thus he lost $2,500 00. The interruption in the preparation of his crop, extra expense and loss of time were worth $500 00. Here the plaintiff rested his cause. Defendant's counsel moved for a non-suit, upon the ground that the alleged contract of Howard was incomplete. The motion was overruled. The defendant offered notestimony. The jury found for plaintiff for $1,200 00. Defendant\'s counsel moved for *a new trial upon the grounds that the verdict was contrary to the principles of equity, decidedly against the weight of the evidence, and contrary to law, and because the Court erred in overruling the motion for non-suit. The new trial was refused, and that is assigned as error.
Poe, Hall & Poe; S. D. Killen, for plaintiff in error. Enticing servants at common law; 2 Bouv. Inst., 2295; 2 Kent's Com., 258. If not bound as servants, no enticing: Kent's Com., 532, note 4; 9th Ad. & El., E. C. L. R., 693. This contract was incomplete: Bing. on Sales, 30, 38, 45, 56, 179; 10 Ex. Ch. R., 610; 3 M. & G., E. C. L. R., 743; 14 Ga. R., 596. In December, 1865. negroes could only contract here by the Bureau agent: 14 Ga. R., 185; Revised Code, section 2701; Con-stitution of 1865, Article 1, section 20; Article 2, section 5, p. 5; Article 5, section 1, p. 5, 9; Acts 1866, 239; 35 Ga. R., 324, 332; 36th, 475. Law of conquered people: Cowp., 209; 7 Wallace R., 700. What makes a servant: 4 Taunton R., 876. Salter could not restore freemen, they being unwilling: 1 Blackford\'s R., 122; Constitution of 1865, Article 1, section 20. Damages are excessive: 1 Parsons on Con., 532, note F.
A. S. Giles; Nesbits & Jackson, for defendant.
This was an action brought by Howard against Salter, to recover damages for enticing servants out of his employ. The case came for trial at August Adjourned Term of Houston Superior Court, and the jury found for the plaintiff the sum of § 1, 200 00.
A motion for a new trial was made by the defendant upon the following grounds, to-wit: 1st. That the Court erred in refusing a non-suit. 2d. That the verdict was contrary to evidence and law, etc. The Court overruled the motion for a new trial, and this constitutes the...
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Terminal Railroad Ass'n of St. Louis v. Schmidt
... ... 767; Wells v. Hocking Valley ... Coal Co., 137 Iowa 526, 114 N.W. 1076; Continental ... Casualty Co. v. Carver, 14 P.2d 181; Salter v ... Howard, 43 Ga. 601; Rich v. New York, C. & H.R ... Co., 87 N.Y. 382; Haskins v. Royster, 70 N.C ... 601; Aalfo Co. v. Kinney, 105 ... ...
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Terminal Railroad Assn. of St. Louis v. Schmidt
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