Reeder v. Anderson's Administrators

34 Ky. 193, 4 Dana 193, 1836 Ky. LEXIS 148

Opinion

Chief Justice Robertson

delivered the Opinion of the Court.

The only question to be considered in this case, is whether the law will imply a promise by the owner of a runaway slave, to pay a reasonable compensation to a stranger, for a voluntary apprehension and restitution of the fugitive. And, though such friendly offices are frequently those only of good neighborship, which should not be influenced by mercenary motives or expectations—nevertheless* it seems to us that,|£here is an implied request from the owner, to ail other persons to endeavor to secure to him lost property which he is anxious to retrievé; and that, therefore, there should be an implied undertaking to (at least) indemnify any person who shall, by the expenditure of time or money, contribute to a reclamation of the lost property.^

Whether, according to the proof, there was any such claim to reparation or indemnity in this case, is very doubtful: but, because it is doubtful, the Circuit Court erred in instructing the jury to find as in case of a non-suit.

And therefore, it is considered by the Court that, the judgment be reversed, the verdict set aside, and the cause remanded for a now trial.