Clark v. Davis
Texas Supreme Court
Appeal from Liberty. This suit was brought by the appellee to recover •of the appellants the value of a slave alleged to have been hired to the defendants for a given period, and not returned by them. The defense was, that the slave had disappeared, being lost, stolen, or dead; by reason of which, and without any negligence or fault on the part of the defendants, they were unable to restore him to the plaintiff.
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Appeal from Liberty. This suit was brought by the appellee to recover •of the appellants the value of a slave alleged to have been hired to the defendants for a given period, and not returned by them. The defense was, that the slave had disappeared, being lost, stolen, or dead; by reason of which, and without any negligence or fault on the part of the defendants, they were unable to restore him to the plaintiff. There was evidence tending to show that the slave had been drowned while In the service of the defendants. But in respect to the cause, whether in consequence of the want of proper…
1Opinion of the CourtWheblek, J.
In the evidence embraced in the statement of facts we see no-cause for disturbing the verdict. The question whether the loss of the negro-was in consequence of the want of proper care and diligence on the part of the-defendants appears to have, been fairly submitted to the jury. The evidence on this point was conflicting. The. question as presented was one of fact, and' therefore properly and exclusively for the decision of the jury. The overruling of tlie motion for a new trial, therefore, cannot afford a ground for reversing the judgment.
On the question of the sufficiency of the record of…
2Cited by5 opinions
- Merriwether v. DixonTexas Supreme Court · 1866
- Freiberg, Klein & Co. v. LoweTexas Supreme Court · 1884
- Morton v. StateCourt of Appeals of Texas · 1878
- Botsford v. YatesSupreme Court of Arkansas · 1868
- Waddell v. MageeMississippi Supreme Court · 1876