Sims v. Chance.
Texas Supreme Court
Error from Walker. Chance sued tiie plaintiffs in error for the value of a slave, alleging-, in substance, that said slave, while in the employ of the defendants, under a contract of hire as a wood-chopper, was, in violation of the contract, put to work by the defendants in their steam mill, and, while thus employed, was negligently caused and permitted by said defendants to come in ■contact with the machinery of said mill while the same was being put in motion, &c., by…
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Error from Walker. Chance sued tiie plaintiffs in error for the value of a slave, alleging-, in substance, that said slave, while in the employ of the defendants, under a contract of hire as a wood-chopper, was, in violation of the contract, put to work by the defendants in their steam mill, and, while thus employed, was negligently caused and permitted by said defendants to come in ■contact with the machinery of said mill while the same was being put in motion, &c., by means whereof said slave received an injury which caused his death. Defendants answered— 1st. By exceptions to the petition,…
1Opinion of the Court
Hemphill, Ch. J.
Prom the general terms in which the first assignment is expressed, it might be inferred that all the pleas of the plaintiff's in error Iliad been stricken out. But the record shows that the only averment of de-*284fondants stricken out or to which exception was sustained is that which alleges (he contract of hire to have been in writing, and that such contract had been, at the time of hiring, delivered to tlie plaintiff in tlie action. If this general assignment be intended to refer to the ruling of tlie court in this particular, we are of opinion that it is not well taken. It…
2Cases cited2 opinions
- Wheelock v. WheelwrightMassachusetts Supreme Judicial Court · 1809
- Swigert v. GrahamCourt of Appeals of Kentucky · 1847
3Cited by10 opinions
- Johnston v. McKinney American, Inc., Texas Court of Appeals, 14th District (Houston)2000
- Matlock v. GloverTexas Supreme Court · 1885
- Producers Grain Corp. v. LindsayCourt of Appeals of Texas · 1980
- Jones v. FortSupreme Court of Alabama · 1860
- Baker & Lockwood Manufacturing Co. v. ClaytonCourt of Appeals of Texas · 1905
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