Mills v. Ashe
Texas Supreme Court
Appeal from Galveston. Tried before the Hon. Nelson H. Hunger. Suit by appellees against appellants, for the value of a slave, hired by the former from the latter, as an ordinary boat hand, on board the steamboat J. H. Bell, running from Galveston to Columbia, on the Brazos river, crossing the bars at the mouths of Galveston Bay and the Brazos river ; the slave having been drowned while in the employ of defendants.
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Appeal from Galveston. Tried before the Hon. Nelson H. Hunger. Suit by appellees against appellants, for the value of a slave, hired by the former from the latter, as an ordinary boat hand, on board the steamboat J. H. Bell, running from Galveston to Columbia, on the Brazos river, crossing the bars at the mouths of Galveston Bay and the Brazos river ; the slave having been drowned while in the employ of defendants. The contract of hiring and ownership of the slave were admitted. The defendants owned the Bell, and run her for their own account, under a captain employed by them. On the evening…
1Opinion of the CourtWheeler, J.
In their petition the plaintiffs seek to hold the defendants responsible for the value of the slave, upon two grounds : 1st. That his loss was occasioned by a breach of the contract of hiring, in employing the slave in a different and more perilous service than that contemplated by the contract : and 2nd. That it was in consequence of the fault and negligence of the defendants, through their agent, the captain of the boat. There was a general denial: and the case was submitted to the jury upon these issues ; upon either of which.. *300if found for the plaintiffs, upon suEcient legal evidence,…
2Cited by7 opinions
- Texarkana & Fort Smith Railway Co. v. Houston Gas & Fuel Co.Texas Supreme Court · 1932
- Cox, Brainard & Co. v. KeaheySupreme Court of Alabama · 1860
- Exporters' & Traders' Compress & Warehouse Co. v. BargainerTexas Commission of Appeals · 1932
- Spencer v. ShelburneCourt of Appeals of Texas · 1895
- Wallis Landes & Co. v. EichelbergerCourt of Appeals of Texas · 1884
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