The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1882-05-04
Court of AppeaIs.

Cullers and Henry VS.. F. M. Moore ;
appeal from Grayson county.-The de-
PENDANT being sued as an Individual, and
having set up the defense that he was
acting as an agent, 1t was incumbent
upon him, that he should have informed
the other party at the time of the con-
tract of that fact; and further, that he
should have revealed his principal. RS
Texas, 9S.] Reversed and remanded.
Winkler, j.
Texas and Pacific railroad vs.. W. D.
Bracken; appeal from Fannin county.
Rule of contributory neglige nee laid
down in So Tex. 14S, as follows, viz:
" To entitle one to recover damages for
injuries inflicted by negligence of an
other, he must have used the degree of
watchfulness and precauhon which per-
sons OF ordinary care and prudence
would naturally and reasonably use IN
der the circumstances to prevent the in
jury. Contributory or cooperative neg
ligence exists when the act producing
same would not have happened but for
the negligence or wong OF both parties"
Hence, the plaintiffs mule with loose
rope around the neck got fastened to the
track, and the train coming around a
curve, could not stop in time. Reversed
and remanded.-White,P P. j.
G. 7. Armstrong VS.. A. j. Scribner
appeal from Collin county.--COunty court
erred in sustaining motion to dismiss,
when the record verified that no notice
of appeal had been given in the Justices
court, and that the appeal bond was not
conditioned as required by law. Re-
versed and remanded.---White. p. j.
J.J. Montgomery VS.. the state; appeal
from Cooke county.---Defendant was con-
victed of a forgery OF a bank, and SEN
fenced for two years. There being a GER
tain and strange conjunction of circum-
stances in behalf of the defendant, which
go far to deprive the transaction of the
criminal intent essential to constitute
the crime charged, and as another trial
may lead to a mere satisfactory develop
ment, the cause is reversed and remanded.
White, p. j.
E.W. Bates VS.. the state appeal from
Travis county.-There is no exception to
the requirement that, In criminal cases
o. every grade, that, upon trial.the accused
must plead guilty or not guilty to the
charge against him, on failing or refusing
to do so plea of not guilty must be en-
tered for HIM. The abundant and COM
mon authorities to above effect ought to
have obviated the necessity of reiteration
of the above principie.-White, p. j.
Friedrich and August Michel VS.. the
state; appeal from COmal county.-COurt
usage of public road, and its recogni-
ton as such by the court apportioning
hands to work It, were sufficient evidence
to establish the fact that ii was public
road, independent of an order of the
court tn that effect. Affirmed.-Hurt, J
J.R. Coggins VS.. the state appeal from
Collin county.-Held that q defendant,
not renting all land enclosed by the fence
which enclosed his land, in the absence
of contract to the contrary. had
the same right to occupy, to use,
and to Craze the land during his
term as II he was the owner. lTay,
Ludlrd.and Tut. s. las, p. 1911 Reversed
and dismissed.-Hurt, j.
Rod North VS.. the state; appeal from
| Tarrant county. Defendant was indicted
| with an assault with intent to murder
but was convicted of an aggravated as
sault A brother OF defendant and the
i injured party, one Walsh, were discuss
i ing, at an appointed meeting, certain
| investigation in friendly manner, when
| defendant arrived, and by his words and
actions brought about a resort to arms,
| Walsh having 4 gun in his wagon, in
which he came, and the brother OF the
defendant using pistol. Several shots
were fired. The court below could not
| charge, under the circumstances, that the
defendant bad q right to shoot upon
Walsh's showing an act tending to in.
jure his brother, and was not bound to
walt for him to shoot. Such IN order moi
to be too strong against the prosecution,
should have been modified to the effect
that the life of the brother must have
been seriously endangered. and that the
| danger was imminent and pressing be.
| fore the defendant could shoot to pre-
vent the threatened injury. Reversed
J and emanded.-Winkler.J j.
julie Williams vs.. The state; appeal
from San Augustine county.-It Is now
the established rule, both In civil and
criminal cases, that children Of any age