The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1885-10-20
HIGHER COURTS TYLER TERM
COURT OF APpEALs.

Gus Adams VS.. A. Robinson, from
Anderson county; oral opinion by
Hurt, ]. A contract that as rent Tor u
ferry the owner shall receive part OF
the tolls duos not coustitnts - partner
ship bstwecn the owner and renter.
Affirmed.
John w. Pressler Va. Tho State, from
Nacogdochel county opinion by Hurt,
]. A party who carries "a pistol home
from tho shop, where he had pur-
chased the same, Is not guilty OF un-
lawfully carrying a pistol, although
he loads and shoots tho same on his
way home. Reversed.
James Lathrop VS.. the State, from
Smith county; oral opinion by Will.
son, ]. This party was convicted OF
incest. Ills parallel case of that OF
Mercor. vs. the State, in II OF. of App,
452, and all the questions raised in this
case are there sottled. Affirmed.
Texas u Pacific Railway company
". Nj. =. Capps, from Gregg county
Wilson, ]. Where party leaves a
trunk filed with drummer's sam
pies as baggage in railroad
company's depot, with tho con.
sent OF the agent, who has knowledge
OF the contents OF the trunk, tho COM
psny is liable for the value Of the con-
tents OF the trunk, il destroyed by fire.
Affirmed.
Texas " Pacific Railroad company
va. II. q. Williams, from Gregg county
oral opinion by White, p. !. Where d
cause ia tried In the regular order on
tho docket, an affidavit OF the defend
ants attorney that, at tho time OF the
trial, he was confined OF homo on &C.
count OF sickness in his family, ia not
ground for new trial. Affirmed.
Tegae d Pacific Railway company
vs.. b. II. s. Pearle, from Gregg county
opinion by White, p. J.. Tho appellee
owned an eating house at Longviow,
and run the Same In opposition to one
owned by the railroad company. He
had been in tho habit of meeting the
trains at 3 station above LoDgview 70
distribute biS circulars and drum for
custom, against tho repeated protests
and orders o. the conductors on tn,
trains, and in violation OF the compa
ny's regulations. Appellee was at thil
station on business, and started bach
on the train. Ho was standing in the
aisle OF the car talking TO some ono
when the conductor approached him
and pushed him into q seat. Ap-
pelloe informed the conductor that hr
was not drumming. The conductor
again found Pesrle standing in the
aisle and forced him to rake seat. In
this last scuille Pearle's finger was
broken, and this is the injury com,
palined OF. Held: That it is lawful
Tor the railroad company to make
neutrality-suspicious. prohibiting pas.
sengers who have paid thoir fare from
drumming for hotels, eating houses
etc., on their trains. The conductor
had the right to presume from the pre-
vious conduct Of Pearle, that he was
there for the purpose of drumming, and
might inquire into his motive, but
this presumption was overcome
by Poarle's statement that he was not
there FOR the purpose Of drumming, in
the absence of facts to show that Inc
was so drumming. The conductors
remedy, II he had persisted in vlolst
Ing the rules OF the company, was to
eject him from the train. He had nc
right TO assault him. Affirmed.
Hiram Robinson vs.. the State, from
Collin county. Oral opinion by White,
J. Where tho defendant, hearing par.
Ties talking Of him, asks what was
said, and tho parties repeat the con,
versation to him, such conversation
would not DO hearsay. The evidence
10 sufficient, likewise tho charge of the
court. Affirmed.
John M. Townley We. tho State, from,
Robertson county. Oral opinion by
White, p.j. The evidence is sufficient
the charge Of the court correct, and
there was no error. Affirmed.
| w, j. McNeese va. tho State, from
Cook county; opinion by Wilson, |
Under the constitu ton of this State
grand jury must be composed OF 1.
men-no more, no less; and bill OF
indictment. purportlng 10 be the act Of
grand jury composed OF 10 men is q
nullity, following tho decision In tn,
case OF Lott vs.. the State, Is CT. app.
627. The opinion sets for the history
OF tho enactment of the law, and sus
tains the Lott case. Reversed and dis
missed,