Scranton v. Tilley
Texas Supreme Court
Appeal from Harris. Tried before the Hon. Peter W. Gray. Suit by appellee against appellants, commenced July 22d, 1854, for that the defendants, on the 6th day of July, 1853, sold the plaintiff three slaves, warranted sound, for the price of $3,300, one of which slaves, named Friday, was, at the time of said sale, unsound and diseased, and had long theretofore so been, and which was unknown to plaintiff, which unsoundness arose from a disease commonly called epilepsy or…
Read the full summary
Appeal from Harris. Tried before the Hon. Peter W. Gray. Suit by appellee against appellants, commenced July 22d, 1854, for that the defendants, on the 6th day of July, 1853, sold the plaintiff three slaves, warranted sound, for the price of $3,300, one of which slaves, named Friday, was, at the time of said sale, unsound and diseased, and had long theretofore so been, and which was unknown to plaintiff, which unsoundness arose from a disease commonly called epilepsy or convulsions, which fact plaintiff discovered soon after he had returned home with said slaves, whereupon he notified said…
1Opinion of the Court
Wheeler, J.,
Under the charge of the Court as applied to the evidence, the jury, in finding a verdict for the plaintiff, must have acted under the conviction, that the negro was diseased at the time of the sale and warranty, and that, that disease caused Ms death. That was what the evidence conduced to prove ; and it was only upon that supposition, or belief, that the jury could have found a verdict for the plaintiff. If the evidence was sufficient to warrant that conclusion, the verdict was right, and in accordance with the previous decisions of this Court. (Murphy v. Crain, 12 Tex. R. 297 ;…
2Cases cited2 opinions
- McIntire v. YoungIndiana Supreme Court · 1843
- Harrington v. BigelowNew York Supreme Court · 1846
3Cited by30 opinions
- Houston & T. C. R'y Co. v. JacksonTexas Supreme Court · 1884
- Houston City Street Railway Co. v. SciaccaTexas Supreme Court · 1891
- Anding v. PerkinsTexas Supreme Court · 1867
- Ginners' Mut. Underwriters of San Angelo v. WileyCourt of Appeals of Texas · 1912
- Glover v. PfeufferCourt of Appeals of Texas · 1914
25 more not listed; retrieve them via the Exa API.