The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1881-04-09
IynOpsis Of opinions OF the Supreme
Court at Galveston.
Prepared for the Herald by Edward j. Ham
ner, of GalyestOn.l

R fPrepared for the Herald by Edward j. Ham.
kHt ner, of Galves0n.l
WI Hyatt g. Son. We. j. H. holland, appeal
n rom Harris county. In the court below
h Hyatt & Son, requested the court TO charge
K The jury that the estimate of quantities in
!. the stations not embraced in the written con-
tract, is no evidence that holland did the
) work. The question whether he did the
! whole, or only part of it, is one of fact which
: you will find from the testimony. This was
given with this qualification, sunless the
Verbal contract, also stipulated for engineers
estimates; in that case, same rule rs to es-
timates." The giving of this qualification is
assigned as error. Held: The point is no,
well taken. The qualifications only applied
70 the engineers estimate Of quality Ia The
work proved to have been done, and only il
such was the contract between the parties
n ~ the case Is one of conflict of testimony
4 The judgment will be affirmed. Quinan, j
Adopted.
George Cokley VS.. International & Grea,
Northern railroad company, appeal from
harris county. The passage to and fro by
+ Ne employees for meals, or other necessary
4 purposes, does rot suspend their relation tC
heir daily duties and employment; it is Incl
81 ental to and n part of it and an accident
happening during such passage, falls within
yhe principle that the master Is not liable fol
Z injuries sustained by his servant, through
"A &he negligence or default Of a ,ellow ser
Affirmed. Walker P. j. Adopted
Ia John d. Walker ct al, VS.. William Arm.
etrong; appeal. In commercial transactions
Fintrinsic evidence of custom is admissible tC
<mere incidents to written contracts in mat
tors with respect to which they are silent
and this rule applies as well to horse racing
x as to any other business. In an action &c
& recover of q stakeholder property placed in hi:
u hands asa wager, on horse-race, tho terms
Sof which were reduced to writing, in the
{, absence!of allegation and proof that the rule:
n: of tho turf entered in and formed part Of the
" contract to run the race, 1t is error to instruct
+, The Jury that the decision of the parte,
Reelected to witness the race and announce
their conclusion on the relative speed of the
N horses, is conclusive as to the question
q whether the race had been fair, and rs had
B been stipulated between the parties; the
question of fairness should have been left L
the jury. Reversed and remsnded. Quin
N an, j.
NJ L. Armendiaz vs.. james Slillmsn OF al
"a appeal from Cameron county. The nuisance
n or act by which the damage was committed
or perpetrated in Cameron County, and tn,
N dam ,ge committed was on the Mexican sid,
n Of the river. The action may be maintained
n either in the jurisdiction where the act wa
committed, or in that in which the iniur,
j was sustained. Reversed and remsnded
Moore, q. j.
j. kaufman vs. Thomas +. Beasley; sp
n peal from Galveston coun y. Cotton factor
and general commission merchants have n,
authority ss such under the law to deal wit
n cotton consigned to them, otherwise than b.
n its sale for cash. They have no authorit
Y to sell upon credit cotton Of their principals
entrusted TO them for sale, or to dispose of |
x in the way Of barter, or to entrust its sale l.
others, or to pledge ii as security for al
advance Of money to themselves, or TO shi
1t to foreign MARKET or TO deal with 1t l
any way for their own instead of their prin
Cipals' benefit. Affirmed. Moore, y. j.
Il Z. s. Waldron VS., q. Il. Zacharie; appes
Z from Frees,one county. When suit
brought on note secured by lien, but i
first suit no enforcement Of the lien wa
4 prayed for, II 10 not an abandonment Of tn
\ lien, and after jud gment 10 The frat suit
second suit can be brought for tho enforce
ment OF the lien. Affirmed. Quinan,J j.