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Beverly v. Brooke U.S. 100 (1817)

handle is hein.slavery/ussccases0009 and id is 1 raw text is: CASES IN THE SUPREME COURTk 1817. Beverly V. (COMMuON LAW-) BEVERLY V. BROOKE. Where the owner of certain slaves, and also part owner of a vessel, hired the slaves to the master of the vessel to proceed as mariners on board, on a voyage, at the usual wages, and without any spocial contract of hiring; held, that the master, having acted with good faith, was not responsible for the escape of the slaves in a foreign port, which was one of the contingent termini of the voyage, and, censequently, within the hazards to which the owner know his pro. perty might be exposed; although it was doubtful whether tho master had strictly pursued his orders in going to such port, ERRoR to the circuit court for the district of Co- lumbia. This suit was instituted by the plaintiff in the circuit court for the county of Alexandria, to reco. yver thb value of three slaves hired by the plaintiff to the defendant for a voyagd to some part of Eu- rope in the brig S6phila, of, which the defendant was master, which slaves escaped from the vessel, and were lost to the owner. The claim was fbund- ed on the allegation that the master pursued a dif- ferent voyage from that for which the slaves were hi,'ed, and that to this cause was to be ascribed the loss that had been sustained. 'A. lith, The cause was argued by Mr. Swann, for tile plaintiff, and by Mr. Taylor, for the defendant. The latter cited Pothier on Obligations, part 1, c, 2, art. 3,

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