
    John Meeker against James Childress.
    JUNE, 1823.
    1, In assumpsit the verdu t entered “ we find the defendant,” judgment thereon fordefendant sustained.
    2, Owner of hired slave not bound to pay a physician employed by hirer to attend the slave.
    INDEBITATUS assumpsit by Meeker against Childress, for medical services rendered to his slave—general issue— Verdict entered : “ We the jury find the defendant?’ Judgment thereon for defendant in the usual form. A bill of exceptions taken on the trial, states That Childress, residing at Tuskaloosa, hired the slave for a year to Edward Smith, residing at St. Stephens, who called in the plaintiff, a prac-tising physician, to attend the slave. The Circuit Court, on motion of the Counsel for Childr.ess, instructed the Jury that Childress was not liable in law to pay said Meeker for said services, &c.
    
      Meeker here assigned as Error,
    1. That the finding of the Jury is such that no judgment can be rendered thereon.
    2. That the Court erred in instructing the Jury as stated in the bill of Exceptions.
   Judge Crenshaw

delivered the opinion of the Court. •

The entry of the Verdict would have been more certain if the word “ for” had been inserted before the words “ the defendant.” But, taken in connection with the issue submitted, and the judgment which follows, it is sufficiently certain to sustain the judgment.

As to the charge to the Jury—It appeared that the defendant resided at Tuskaloosa, and Smith at St. Stephens ; and that he, during the time for which he had hired the slave of defendant, called in the plaintiff to attend him.

We are of opinion, that under such circumstances the hirer of the slave is bound to pay the physician for his services, and that the owner is not liable. If the owner had requested the services, of the physician, or if there had been a special agreement between him and the hirer, it might vary the case. We are unanimous in the opinion that the

Judgment be affirmed.

Judge Lipscomb gave no bpinion.

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