The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1884-04-21

Opin on By Hurt, !. A. entered into bond
TOR hts appearance, with H., o., ID, ana IT,,
A. surciies. Failing 10 appear, forfeit urr ol
thp bond WIS taken and iudpment MO-
entered, which was made hnal. FROM the
Judgment 4 and his suretee Appealed 10
tbe EQUITY court with r.. q. Hrd IL. no
,ursti.r. Judgment w.Y rendered ia INC
o. unfy court nruiust tho same par.ci ~ IN
tnr ilsficr'g court. no m ntion being intdt
..fF o.. nud H. Toe same part'eu who Hp-
p.nicd o. tho county c1ug' nprta.td 10
eos. court with IT., G.. and il hN 'u-ttlhi'
Vrfior 10 dIsm's8 ir made. i,it, ~ wa
mot rrces.ury 90 make The Judgment "a nhhl
rYa rum which nu appeal would l'o' 20 en-
.nr d.rirni nRhius. or 0.herUifc dispose
LOT + q, and H. ,sufrii,G. on 'tr atpta. . o
arr. ,n Do. iu.frr 10 The county clur. no
Judgment ha rg recorded era'ust tnc-e sure
ffrs they we've su,iiGieul surcties on ihe 1p'
real bond DO TIE court. Motion 20 DISMISS
Rust Ne tsc sa,e: from Dal.s1 county.
gnrvic on for aggravated a-sHUlt PM DAT
fcrv on hig wife. Fiue, tiIO He'd, tne
lurolicf'i1u tor continuance was properly
lvuruial. rs the testimony sought Wts
rnirl, o. impcsch witne'ses and WAS SUD
stAutially made by the other witnftse9 wa
,rsuHcd The other testimony desired W."
p~obably not true 80 ~ vas sbuudguuY
ptoypn that Ms Rust w's badly bruised
nod beaten. There Is no error IA the record
I, Tnr fort Worth & Denver City Railway
". Palmer, from rarfaut cAHnly', lht
- lnc'pal and vial questions raised aGh
I :. &c IN this cas- were determined adverse
/ " TO the appellant IN sim, ~ case MS way
/ 4 ed, d. and upon au hori'v oi ihat case
| tho IN ilme ~ herein is affirmed,
/ F1It Worth Il ID nyer CITY Ralway =
/ scot: from rartant county. Opihion ~
| Wilson, !. at by reason Of the constrnSy'
| ton ul the road bed and ditches oy ran
| road the surface water be diverted rom lts
| u.uel Coursr, and By means oil omoahK
mpnt or ditches such surface water is CON
| viewed 10 any particular ulaI ana thereoy
! ,yril laws land wnich, before the c0hsifnc-
| ton of the road, did not overflow, the com
| any viii be liable 10 the land owner iot
-uch iriurv." (Railvsy VS.. Donaho' ~
| x,s, l2S) This rule applies as Wen
! here The company has the rignt'oi-wsy, az
! cher. il vas F.. iresap,sser'n r possessor, with
oni rish,. (Sea also W. & W. Con. Rep, Sec
! ii7O See opinion In iuli Tor allegations
Il.v rp.ptlrC the requirements OF tnese
cases II the act OF defendant conlri-
1utcu essentially 10 the creation OF .
| uusatcr, as By the erection OF dam
| vuicn l,udpis the water stegnanti or pro
! iucrs its uvsl How, 50 as to cause " 70
Gather In pools or eddles and becomes
-tugunut, OF by raising 10 so rs 10 cause lu'
decay of vegetable matter upon 10 DAnKs
whereby unwho lesome gsseo are developed
d is liatls. even though natural causs'
combine with his sct 10 produce tue IN
Jury WOOD on Nuissnces, sec t90). rs,
,irfinebts OF error relating 10 admission OF
violence cannot b considered where me
1'n Of eXceptions nor aiateme.t OF IhtIs
! .lons MOI set ont the evidence. Where the
! court in eifc, instructed the jury ma, II
he evidence warranted 1t, they might und
'or plaintiff the value OF the corn injured,
90 imgting the value at the time Vi we
,,iury and they might iind the damage TO
the land. If any, which would DC,
the difference in the value OF
the land before the injury, ana
its value Immediately thereafter; ana
that tor the nuisance complained o, the
dsmsge recoverable Vas the amount
shich. In the Judgment of the jury, pain
tir mas So stained Held, while the charge OF
the court wouli have been more correct oy
charging that il was the market value o.
tho corn etr.. yet the charge is not erroAe
Gus and is no, reversible error. Affirmed