Guffey v. Moseley
Texas Supreme Court
Error from Lamar. Tried below before Hon. W. S. Todd. Suit for damages for killing a mare. The cause comes up upon the following bill of exceptions :• “ Be it remembered that on the trial of this cause the plaintiff introduced Joseph McCarly, a witness, by whom he proved that defendant, on or about the time stated in petition, came-to his house and agreed with witness to go fire-hunting; that witness took no gun, but that defendant Moseley left his gun ■ at witness’ house…
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Error from Lamar. Tried below before Hon. W. S. Todd. Suit for damages for killing a mare. The cause comes up upon the following bill of exceptions :• “ Be it remembered that on the trial of this cause the plaintiff introduced Joseph McCarly, a witness, by whom he proved that defendant, on or about the time stated in petition, came-to his house and agreed with witness to go fire-hunting; that witness took no gun, but that defendant Moseley left his gun ■ at witness’ house and took in its place witness’ gun; that they went on by one Corns, where Moseley insisted on a negro boy slave of J. T.…
1Opinion of the Court
Hemphill, Ch. J.
W as the evidence, that the negro, under the control and direction of the defendant, shot the mare of the plaintiff, admissible in proof of the averment that the defendant himself shot the mare ? We are of opinion that this question must be answered in the affirmative, or at least that the rejection of the proof operated such surprise on the plaintiff as to have justified him in taking a nonsuit, and to have authorized the Court to set the nonsuit aside. In 2 Gfreenleaf on Evidence, (Sec. 621,) it is said that the defendant will be chargeable in trespass, if it appear that the…
2Cited by8 opinions
- Lewis v. HattonTexas Supreme Court · 1894
- Orient Land Co. v. ReederCourt of Appeals of Texas · 1915
- Dickey v. JacksonCourt of Appeals of Texas · 1925
- Harris v. SpenceTexas Supreme Court · 1888
- Shelton Motor Co. v. HigdonCourt of Appeals of Texas · 1940
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