10 Johns. 249 | N.Y. Sup. Ct. | 1813
If medical aid or other assistance be rendered to a slave in a case of necessity, which does not admit of a previous application to the master, the person so rendering the assistance, would, probably, be entitled to compensation from the master ; and the law would raise an implied assumpsit, on the ground that the master was legally bound to make the requisite provision for his slave. On this principle, it was ruled by Lord Eldon, in Simmons v. Wilmot, (3 Esp. Rep. 91.) that if a person takes care of a casual pauper, and for whom the parish officers would he liable to provide, he has a right to recover his expenses of them;
Judgment reversed.