Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1884-05-16

COURT OF APPEALS.
Burton vs.. State, appeal from
Mitchell county, The prosecution and
conviction was for keeping a house of
public prostitution. Nothing In the
statement of facts tends to show In
what county the alleged house was
kept, or that the oilense was COM
mitled in Mitchell county. Held, that
no venue was proved. Again, there
was only evidence by general reputa-
ton that appellant was the pro-
prietor and keeper of the house. Such
evidence is not competent TO prove the
proprietorship and keeping of "A house
of prostitution, though such evidence
is sufficient to establish the disorderly
character Of the house, when that
alone is the issue. Reversed and re-
manded. Hurt, j..
Adams VS.. State, appeal from Co
manche county, The conviction in
this case was for the theft of Red
Stones horse. aud the penalty imposed
was term of five years in the peni'
Tertiary. The objections urged to the
conviction Were AS to the charge of the
court, the suilicieucy of the evidence,
and the refusal of a continuance. The
charge responded 10 the issues made
by the evidence both for the prosecu'
ton and the defense, and fairly sub.
mitted the law of theft. The refusal
of a continuance will not be revised by
this court unless il is proved that such
refusal was primarily wrong, OF
wrought an injury TO defendant. There
is not, in this record, the least show
ing that by having been awarded a
continuance, the defendant would
have been in the least benefited.
Affirmed.
Texas &, Pacific Railway VS.. Ander-
son, appeal from Fannin county.
Briefly stated, this action for damages
alleged that defendant was driving his
wagon over public crossing of the
along, frightened the horses, caused
them to run away, upturn the wagon,
demolish II, and injure appellee. APP
pellant's demurrer alleged the damages
claimed as too remote for recovery.
Proximate, or immediate ana direct
damages are the ordinary and natural
results of the negligence, sucn rs are
usual and therefore may have been ex-
pected; and this includes In the cate
CORY of remote damages, such as are
the result OF accidental or UNI
usual combinations of circumstances,
which would not be reasonably an
ticipated, and over which the negli-
gent party has no control but there
can be no fixed and immediate rule
that can be applied TO all cases. Much
therefore must depend upon the par
ticnlar case. r. Thomp. on Neg, p.
LOSS For another general rule see
same author, p. 1854 and Add. on
Torts, b. "Where there Is no ilnineui,
ate or efficient cause the original
wrong must be considered as reaching
TO the effect and proxlmate 10 IT,"
Field on Dam, 7O5 This case comes
within these rules, AS the petition
alleges that no whistle was sounded or
bells rung as the train approached the
crossing. The damages were not remote.
w. and w. Con. Rep, 1851 me
evidence was sufficient to show negii-
gence on the part OF the company's
servants. The law does not require
persons approaching railroad crossing
to stop and listen for trains, and hnv-
ing pleaded contributory negligence,
the onus was on the company 10 prove
IT.. Affirmed, Wilson, j.
Harold Va. State, appeal from Cal
lahan county. The conviction In lnis
case was had under Article D04 OF the
penal code, which denounced ~ an Of
Tense the permitting OF one having
control Of or owning sheep Injected
with scab, the herding or running ~
large of such sheep upon land not ms
own. But held, that said article was
repealed by the act entitled, IAN act
for the protection OF the wool-growiDg
interests Of the state Of Texas,
passed April 4, 1888. For rules OF con-
struction In such cases, see y Tex,
1884. Reversed aud dismissed. Hurt. j.
Gonzales Va. State, appeal from
Tom Green county. States Wit.
ness, 20. G., having testified
on cfoss-examiDation that she
was induced by the district attorney
10 make complaint, Il was proper "a
admit rebutting testimony. IL was
improper, as hearsay, 10 permit the
witness, s., 10 testify 70 what the
prosecuting witness told him the day
after the oilense, concerning certain
matters pertaining to the ofiense In
the record there u not particle o.
evidence establishing venue. Upon
the two grounds Indicated, the Jadg
ment Is reversed and the cause re
mandsd. Wilson, J.
Texas q, Pacific Railway w. Johnsor
and wife. appeal from Grayson county
ii Is noted In the statement OF fac.
| that evidence admitted WAS objecte,