The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1884-11-01
Thai whittier, skin others than snow,
And smooth az nonmen al alaOaster,n
W "a all acquired by usin. PozZours
Mcdicated comnlrNinn uOwder.
THE HioHER COURTS.
SUPREME COURT.

SUPREME COURT.
Houston * Texas Central railway rs.
Rider from Dallas county; opinion by
Slayton, j. Plaintiff was employed by
the railway as section hand; he and
others, in the performance of the duties
which such employment embraced, had
been engaged in repairing the railway,
in removing a wreck therofrOm; after
having done this, they were returning
80 the section were they usually STAYED;
from this section house to Miller's sta.
ton they had gone tow
ards the wreck on n hand-car; on
reaching Miller's station they leff the
hand-car, and went to the wreck on
some train; alter the work on the wreck
was complete, they returned to Miller's
stall n ON construction train, which
nan order. to 90 into ID. ahead ofthemail
train. ON arriving at Miler's station,
the Hat car on which plaintiff was tray
eiing was Nitchet Tor tho men on il TO
r5turn TO the section house on the hand
. car. The residue OF the train backed to
the main track TO 20 into ID. ahead or
the mail train, but seeing said train adj
Vancing, without signal, backed on the
switch suddenly, causing serious injury
to plaintiff. Held: Plaintiff was d fell
low servant with the engineer on the
construction train, and is procludod
from u recovery. Reversed and re-.
manded.
Ormand ys. Hays ct al; FROM Ander-
son county. Opinion by West, j. As
10 the question of reccivershIp raised i'm
this charge, the charge OF tho court, etc.
thereon, see Ryan W.. Hays, 6 Texas
Law Review, ~ When tho court
charged the jury that in finding the
amount of damage they might take into
consideration the age, health and
strength of deceased etc, and "give
such damages ~ you may see proper,
not exceeding so, l0O.'. Held error. RE
Versed and remnded
Lumpliiu VS.. Smythc; from Anderson
county. Opinion by stsytou, i. Under
Art. 1912 Rev. Stats, when the will of
deceased is made hereunder aud the
. executor has complied with all the re-
quiremeuts necessary to mis- complete
| qualification, the estate is entirely with
4 drawn from the county court, except so
Tar as some other part OF the statute uu-
. der which some state OF facts would
authorize the county court 30 exercise
Jurisdiction on the estate. Where
the application to the county court
shows that the executors testator ap-
pointed him executor by his win pro-
Vlding that the estate should be admin
lstered without the control Of the
probate court, and after administered
Che estate for years hesmade an alleged
nnal account by which he sought to
nave his final settlement with the testa-
Tor and he discharged. Tho county
court has no jurisdiction. Affirmed.
Smythe vs.. Lumpkiu, from Anderson
county. Oh uiJu by Stayton, j. Where
the court finds It's conclusions OF law
anu tact and the record does not show
any Facts upon which any allowance bV
Inc court of any term would be unauth6-
rye, 1t will toe presumed that such
allowance was proper. There is no law
giving gu rdian attorneys fees for
services OF an attorney in attending to "A
contest between such guardian and his
WARD, II the contest be di vided against
such guardian, Twelve per cent, ner
Cannun Is tho rate of interest To be nj
lowed against guardian on money In
rs handS which he neglCctS to loan.
z Mhieh ne might have dOne 80 by reason
epie uiIlSence' Money expended in ex-
cSss OK inc income OF the wards estate
lor the education and maintainanco of
the waiHi withcut direction of ina
county court IA which the guardianship
IS pending, ur oAv other Court, AlthOuUh
reasonaole, jas, and proper. cannot he
made credit an favor OF the guardian
against ms war is estate, Reversed and
i iVtutlueO,
international & Great Northern rail
way vs.. llarsell, rom Anderson county.
'Opinion by Stayton j. Where parry
purchases a ticket between local sta
lions ON railway, running q "thrOugh"
anu a local train between such stations,
ana gets on the "IhrOugh" train, being
informed by the person selling him the
tne ticket, who was agent for the agent
! OF the company, that such train would
STOP at his destination, and the conduc-
tor recognized such ticket, such party is
$ntitIed 10 travel thereon. If lhe train
ulu not, in fact, stop at the station to
winch the party was destined, and the
party was notified NJ or before reaching
M regular station, of the fact, and re-
1lnested e. & 1t oil nnd await the next
&tain which would stup at his destina-
ZION, and he f dl- TO get OIL, the company
fnaS tun ght o remove him from the
tfain, but this must lie done in d proper
|Nanner. Wh'n me party fails so set off
rlid the conductor slows up the train
.And directs the pa ty to Jump oil, and he
Roes so aud is injured, and there is evil
Fence tending to show that no would
Eve been elected had he not jumped
Y, sEch pity can rec5ror,