Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1884-03-15

= 49, &,
therefor Ia some officer of said party .
the first part, or its nearest s,u..o,
agent hefote said stock - reihoNe'
rom III, place of destination" ouci,
: stimulation In a contract OF aiiFe'gne
l men, of animals has been hefetVi!i'
. held valid aud binding upon the sn.i'
j 4 ptr w. & w. CON- H. secs 90
: 227.) A requested charge pfeSeIt.'iii,
! the law of the question as thus staten
= based upon the stipulation III the ge '
tract. was enormously refused hA
/ cent rs TO the beef alleged 10 nay
, been lost, the evidence fails 10 su'tal,
> the Judgment. Reversed and REMAND
ed. White, T.. j. sa n.,r
Cubic Jackson vs.. the state, IRON
Robertson county.-The indicimeh
alleging that the defendant appeAreo
before the grand jury rs witness
"dld then and there take ht5 corpora.
n.,L az a v,ituass q" !" etc II
was not essential to the suiil cheney OF
the In iictment. in order to charge tnt
oflanse of perinry that the oatl
ms admit istered should he set ou'
in bocc rcr6ae. Materially OF th'
false statement was II question for th'
determination Of the court ana not III.
Jury. IA CT. App. 1881 and The cour'
should not have submitted such qnes-
ton TO the Jury. But TO he reNiSable,
sucl, error shoiild have been excepted
to. which was not done. The assign
ments of periury were sufficient.
Affirmed. Wilson, j,
q. IL. & $ A. railway company VS.
Smith and Davies, nom Gonzales 49,
The suit WAS TO recover el
n shipment of corn alleged TO have
been rendered worthless by
reason of delay in trans
portntion. Upon a question OF
negligence involved the court charged
as follows:
aft you believe from the evidence
that the corn in qu .siion was in a
/ worthless condition when shlpped 10y
plaintiff, and that the damage did not
result from any lack ofproper care
and attention on the part otdefendant,
1 and that the car in which said corn
was shipped ms forwarded within a
reasC nable time to pIajntiiE then, III
that event, the delendant,as common
! carrier, was not in default, and you
| should find n verdict in favor of de-
| feudantn Held, error, inasmuch as.
] in connection with the facts OF this
ease it limits the inry ~ lnalhs lor
! the defendant l" We iaCl Lh"' ti'e GU ~
4 was utterly worthless Wheii sn,Ppriu,
/ anu oill'leu 10 c'li att .l. ~ W W w.
| l"ct tuau II lhe pIalhtili hiiio"lhS'a
loaued 'he corn III WEI coIlu loL. ""''
To the Jury To be Determined 10y Iheh'
how iaf the plalntiii contributed 10
the loss. To correct TINS charge lhe
l.. : -.
appellant asked the following charge
which was efroneously refused:
"lt the jury believe from tue cyl
dence that plaintiffs hah control OF the
leading OF the car III which TINS corn
was shipped, and that they
loaded said corn In the
ear themselves While ii was wet ana
in = condition to be damaged by being
bulked in the car, then the defendant
would not be responsible for damages
Orcasloned thereby, ana II the jury be-
lleVe rom the evidence that lne corn
became damaged because OF IT'S having
been loaded IN the car by plaintiil
while wei and in condition to be
DAMAGED thereby, Sou VIII ma Tor de-
PENDANT" For rule see w. AMI VS.
Con. H., Sec. s 49,, III, $40, and 81
2O2. Reversed and rcmanded. White,
L. j.
Hester vs.. the state, from Gonzales
county w MAJ the owner Oh the nj.
legged stolen property sheep was told
ny his herder, ABOUT the opening OF
the sheep'peh gate, rs related on The
stand by the owner himself, was hear
say and inadmissihie, and was so far
material IN this case as to require y
feNefsai OF Encouragement. III WAS not
error 10 adnlit evidence mat the owner
Ion'la other shtep III the defendant.
peh VITA hiafks so pauiy lnutliated
ma, ne couIu NOV fecoghl"s theli. llb
Ct app oIS'l III was error 10 refuse to
permit Il witness VINO was present at Il
SAFE hetWeeh lhe defendant and u
thlfd pitty, TO testify To the facts con-
nected herewith. Beng present and
hearing the trade, he was rs cOmpe.
tent Us either OF the principals Us a
witness, to prove the transaction. 1t
Is apparent from the statement OF
lacls mat more satisfactory evidence
OF quit can be obtained. Reversed
| and remanded. Wilson, j
National Bank OF Las Vegas W..
fritchard, from Galveston.-lt
Is provision of our statutes that in
every action in Which defendant
shall desire to prove any payment,
counter-vlaim or set-oh, he shall file
| Win his plea, an account stating dis
tinctly the nature of such payment,
counter claim or set-ott and tie sew.
| eral Items thereof and on failure 10
u ,,i, he sllaii hot ne entitled to prove
W. ta's,,'i unless ~ We so PLAINLY and
paia'uihiiy uescflueu IN tile plea Us to
~ no., we piMntili ,r luil notice OF the
eliain IVY. tNeIeoi' me answer m this
- - o"i,'a.hel no such plea Where,
suei,, an oIaer ior money was given 10