Joseph M’Gowen v. William Chapen.

From Duplin.

•A, having' hired a slave for a year, placed him, without the consent of the owner, in the employment of 15, who cruelly beat him, and greatly impaired his value thereby. Case is the proper action for the owner, to recover damages of A.

This was a special action on the case. On the trial, it appeared in evidence, that the Plaintiff hired to the Defendant a negro slave for the term of one year, which slave was, at the expiration of the term, returned ruptured, and greatly impaired in value. The Defendant had, during the term, without the consent of the Plaintiff, hired the slave to a ¡nan of the name of Thally, who, with his father, bad, whilst the slave was in his 'employment, beaten him with sucli severity as to occasion the. rupture and consequent diminution of value. The Jury found a verdict for the Plaintiff; and a question was made, Whether an action on the case could be maintained by the Plaintiff, and whether trespass be not the proper action.