Callihan v. Johnson
Texas Supreme Court
Appeal from Guadalupe. Tried below before the Hon. A. W. Terrell. In a suit by the appellee, against James H. Oalliban and George B. Hollamon, for tbe value of a negro man, and bis hire for tbe year 1855, it Ayas alleged, in tbe amended petition, that tbe said negro came to bis death by tbe wrongful act of tbe defendant, Callihan, upon tbe 13th of April, 1855. After tbe commencement of tbe suit, Callihan died, and bis executor, B. Pettus, was made a party.
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Appeal from Guadalupe. Tried below before the Hon. A. W. Terrell. In a suit by the appellee, against James H. Oalliban and George B. Hollamon, for tbe value of a negro man, and bis hire for tbe year 1855, it Ayas alleged, in tbe amended petition, that tbe said negro came to bis death by tbe wrongful act of tbe defendant, Callihan, upon tbe 13th of April, 1855. After tbe commencement of tbe suit, Callihan died, and bis executor, B. Pettus, was made a party. Tbe appellants answered, that tbe negro came to his death on said 13th of April, 1855, by a gun shot wound inflicted by persons unknown to…
1Opinion of the CourtBell, J.
The constitution of this State, (Art. 8, sect. 8,) provides that “any person who shall maliciously dismember or “ deprive a slave of life, shall suffer such punishment as would “be inflicted, in case the like offence had been committed upon “a free white person, and on the like proof, except in case of “the insurrection of such slave.”
The laws of this State interfere as little as possible with the delicate and responsible relation of master and slave. Much is left to the master’s judgment, discretion, and humanity. But the law asserts its supremacy over both slave and master; and the…
2Cases cited1 opinion
- Robinson v. VarnellTexas Supreme Court · 1856
3Cited by1 opinion
- Milby v. ReganCourt of Appeals of Texas · 1897