Browne v. Johnson

Citations

• 29 Tex. 40

Syllabus

<p>Where a demurrer was overruled, but the ruling is not assigned for error, it cannot be noticed further than to see whether there be error which goes to the foundation of the action.</p> <p>Where a slave was placed in the hands of a party as bailee, to keep safely for pay, and the allegation was that owing to the negligence of the party the negro escaped, whereby he was lost to the plaintiff, to which the plaintiff plead a general denial, and also that he had used due diligence, the issue was whether the slave had escaped through the neglect and want of ordinary diligence upon the part of the bailee, and the burden of proof was upon the bailor.</p> <p>Where the property was delivered to be kept until demanded, no cause of action could arise until a reasonable demand had been made and there had been a failure to deliver, or until the bailee had converted the negro to his own use, or he had been lost to the owner by the neglect of the bailee.</p>