Willis v. Harris
Texas Supreme Court
Error from Gonzales. Tried below before the Hon. Fielding Jones. This suit was brought by Harris, the appellee, against Willis, the appellant, to recover the value of a slave hired by the former to the latter, which slave lost his life in cleaning out a well for the defendant.
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Error from Gonzales. Tried below before the Hon. Fielding Jones. This suit was brought by Harris, the appellee, against Willis, the appellant, to recover the value of a slave hired by the former to the latter, which slave lost his life in cleaning out a well for the defendant. The petition alleged the hiring of the slave to be for his employment “ on the ranch or plantation of said Willis, only in the usual and ordinary work of farm servants,” and charged that the “ work of cleaning out a well was not embraced in the terms and stipulations” of the contract, but was contrary thereto; and…
1Opinion of the CourtRoberts, J.
The plaintiff below, Harris, set forth in his pe~ *138tition a hiring of the slave for a special business, to wit, for splitting rails and working upon a ranch. The defendant below, Willis, alleged that the hiring was general and not special. The evidence upon this point was that a brother of Harris, at his request, spoke to Willis about the hiring of the slave, and Willis said that “he wanted to hire a boy to split rails and work on his ranch eight miles west of Gonzales.” After this the negro was hired to Willis by Harris, but upon what terms is not otherwise shown.
This evidence may in some…
2Cited by1 opinion
- Spencer v. ShelburneCourt of Appeals of Texas · 1895