Skinner v. Hughes

• Decision Date: 31 July 1850
• Parties: SKINNER ET AL. v. HUGHES.
• Court: Missouri Supreme Court

13 Mo. 440

SKINNER ET AL.

v.HUGHES.

Supreme Court of Missouri.

July Term, 1850.

APPEAL FROM PLATTE CIRCUIT COURT.

This was an action on the case by Mrs. Hughes against Skinner, Shepherd and Baker for an injury to her slave that occasioned his death, and was tried at the March term, 1850, of the Platte Circuit Court. Upon the trial it appeared that the plaintiff was the owner of a slave, Willis, worth nine hundred dollars, and the defendants, Shepherd and Skinner, were the owners of a store in which they sold intoxicating liquors not less than a quart, and a mill, and Baker was their clerk. In January, 1849, the boy came to the mill with grain to be ground, and while there went to the store with a bottle, bought a quart of whisky, carried it to the mill and there drank it with the white hands about the mill--got drunk, started home about sun-down and was found early next morning lying on his face in the road not far from the mill speechless, his jaws locked and frozen nearly to death. He was taken to the mill immediately, received immediate medical attendance, lived eight or nine days and died.

The whisky was sold to the boy without any permit from his owner, and neither Skinner nor Shepherd were present at the time. The clerk (Baker) was in the habit of selling whisky to the slaves without the permission of the owners and Shepherd was frequently present when this was done and made no objection.

The court gave the following instructions asked by the plaintiff: 1. The court instructs the jury, that if defendant, Baker, sold whisky to the negro boy, Willis, slave of the plaintiff, without the written permission of the master, owner or overseer of such slave, by which means said slave was made drunk and became frozen, whereof he died, and was lost to plaintiff, the jury will find for plaintiff as against Baker, and if Baker so sold such whisky, by the direction, command or procurement of Shepherd or Skinner, or both, the jury will find as against them also; but if Baker so sold it without the direction, command or procurement of Shepherd or Skinner, then in this latter event they or either of them not so having any agency in the sale, are entitled to an acquittal. 2. The jury may find against all the defendants, or one or two and acquit the others, as they shall deem the evidence requires. The mere fact that Baker was clerk of Shepherd and Skinner, and sold whisky to the slave in question, does not conclusively prove that they directed, commanded or procured Baker to sell the whisky to the slave in question, but if it was the habit of Baker to sell whisky to slaves without written permission from the masters, owners or overseer thereof, and Skinner or Shepherd knew of such habit, and did not stop the same, it is proof of their agency in such sales sufficient to charge them; and if Baker was the clerk of Skinner and Shepherd and they kept whisky for sale, the presumption is that Baker was acting under their direction. 3. The material question for the jury is, the fact of the sale, and consequent injury, and not the intent of Baker in making such sale, that being entirely immaterial. If Baker did not sell the whisky to the slave, the jury will find for defendants, or if the whisky so sold was not conducie in making the negro drunk, the jury will find for defendants.

The defendants asked the following instructions, all of which were refused by the court: 1. That unless plaintiff, [defendants] sold whisky to the negro boy, Willis, the property of plaintiff, with the intention of making him drunk or doing him some injury, the jury must find for defendants. 2. If the defendants were innocent of any intention of injuring the negro, or the plaintiff, and let him have the liquor with no improper view or intention, they must find for defendants. 3. If they believe that Baker, the agent and clerk of Skinner and Shepherd, knew the bottle brought by the negro to be the one used at the mill, or believed it to be so; and that the negro had been...