19 La. 39 | La. | 1841
delivered the opinion of the court.
Plaintiff seeks to recover the value of a slave named Sha-drack who, he alleges, was carried out of the State without his knowledge and consent on board of the steamboat Henry Clay, whereof the defendant was master, oil or about the 10th of January, 1837. The answerdenies the facts set forth in the petition, and sets up a reconventional demand of $2000 damages for the unlawful and unjust detention of the boat in this suit; and for the expenses and trouble imposed on defendant in causing her to be released from former proceedings instituted by plaintiff against her, but afterwards discontinued. There was a judgment below in favor of plaintiff, from which defendant prosecutes the present appeal.
This case presents no question of law, and the matters of fact which it involves have been determined in favor of plaintiff. An attentive examination of the evidence does not enable us to say that there is error in the judgment complained of. However strong may appear the negative proof resulting from the declarations of several witnesses that they did not see the plaintiff’s boy on board the Henry Clay during her voyage from New Orleans to Louisville, it cannot destroy the positive testimony in the record showing that during the trip the boy was acting on board as one of the servants of the boat under the name of Jim Thornton. The testimony sho'ws that the Henry Clay left New Orleans on or about the 10th of January, 1837, for Louisville ; that while she was lying below the Cum. berland bar, where she was stopped by the low stage of the waters, a steamboat called the Wave, which was passing from the river Cumberland into the Ohio, came alongside the Henry Clay Co take off her passengers; that plaintiff’s hoy was seen waiting at the supper table in the cabin of the latter boat, and aided in carrying the baggage of the passengers from the Henry Clay on board of the Wave ; that besides the passengers, the boy Jim Thornton together with three other servants were received on board the Wave at the instance of defendant who
It is therefore ordered that the judgment of'the Parish Court be affirmed with costs.