TATE v. O'NEAL

1. Some degree of discretion in the punishment of slaves is necessarily allowed patrols.

2. If, in the exercise of this discretion, they inflict punishment, they are not liable in an action to the master, unless their conduct clearly demonstrates malice against the owner.

PER CURIAM:

Upon looking into this case, we find nothing, either in the charge of the judge or finding of the jury, to justify us in interfering with the judgment of the court below. The rule for a new trial is therefore overruled, and the (420) judgment of the court below is affirmed.

Cited: S. v. Hailey, 28 N.C. 13.