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Kennedy v. Mason
Louisiana Supreme Court
10 La. Ann. 519 (1855)
Facts
On the winter evening of January 5, 1852, a runaway slave, Jim Crack, was captured and returned to the plantation of his owner, M. F. Mason (defendant), around 7:00 p.m. Though it was very cold outside and late in the evening, the plantation’s overseer, W. G. Kennedy (plaintiff), stripped Crack naked and tied him to the frigid ground facedown. Kennedy then beat Crack with a hand-saw and a whip during the next hour and a half. After the beating, Crack was taken to his cabin, where he was found dead around four hours later. A doctor performed a postmortem examination on Crack the next day and found that despite the cuts and bruises, under usual conditions, the beating alone would not have caused Crack’s death. The doctor indicated that Crack more likely died because of the cold than the beating and determined that death resulted from the various circumstances combined. The doctor indicated that both the timing and the circumstances made the beating imprudent or in poor judgment.
Rule of Law
Issue
Holding and Reasoning (Voorhies, J.)
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