The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1885-06-03
sUPREME COURT.


Central Texas & Northwestern rail
road VS.. w. Il. Hancock, from Ellis
county. Delany,j. Adopted. Suit for
damages for personal injuries. Judg-
ment for $4,000 actual and S5,t No exem.
plary damages. The exemplary dam
ages were atterwr~d remittou.
The Endorsement of the dispositions
was; "Rec eived this package from the
hands OF w. W. Gray, clerk, the officer
before whom the deposition was taken.
G. s. Smith, p. NJ" The post
mark on the envelope was awe )dberry,
Tennessee, July 81" From the certifi-
cate Of the officer who took tho deposit
ton IL appears that he was "clork of
Cameron county, Tennessee" The
objections TO the dispositions were:
Fist, that the signature did not show
that the person signing was post
sufficient for that purpose, then IL does
not appear ut what point he was post
master.n Held: The certificate is suni
Client. The fifth assignment OF error
complains of certain remarks of plsint.
MS counsel in the course cf the trial.
Held: ain our opinion the largest lib
erty Of assertion should be allowed In
trials before 1uries, 80 long as the legiti.
mate objects Of discussion are kent In
view. In the trial OF causes Involving,
as they generally do, the most Important
interests, the duties of Jurors reouire
moderation, calmness aud high sense
OF roctitude. In such trials everything
which appeals to preir dice or kindles
animosity between different classes OF
men, must be regarded as inimioal To
the due administration Of Justice.
Our courts Of last resort are accustomed
70 pay great Difference 10 verdicts when
there is no reason to believe that they
are the result of the calm and deliberate
conviction on the part of the iuries,
And this Is 80 even when the court NAV
think the verdict larger or smaller than
IL ought TO be. But when the verdict IL
abnormal and circumstances have oc.
cured at the trial which may have un.
duely influenced the action OF tho fury
the court will not hesitate 10 set ii
aside" Because the large verdict in
this case may have been brought about
by the improper remarks of counsel he
fore and TO the jury, the Judgment il re-
versed and the cause remanded, Re
versed and remanded.
j. g. Breckenridge VS.. II. V. Verrler
from Taylor county, Walker, u, 4,
apopted. This suit was brought on -,
note executed by appellant TO the ordel
of appellee. Appellant set out by specia
plea that he and appellee had entered
Into an arrangement for the purchase
and sale of horses; that appellee beoom
ing uneasy as TO the probable success O
the venture, and claiming that appel
liant had induced him TO enter therein
appellant agreed 10 take the horses
which appellee had purchased and Il
pay appellee the amount which he haC
paid for the horses with interest: tha
appellee accepted this offer, and upor
the representations OF appellee that ht
had paid certain amount Tor the horses
appellant paid appellee a Ger.
tain amount and gave hin
the note sued out, which Amounted
70 the sum stated by appellee, alleging
that the representations Of appellee Al
70 the value Of the horses was false
fraudulent and known by appellee 10 :,
be at the time, and were made by an
pellee for tho purpose Of deoeiving ID,
appellant; that he relied on such repre
sensations AS true aud had no means o
ascertaining their ialsity. The charge
OF the court made the relief sought bN
appellant depend upon: First, that IN,
statements charged 10y appellant 10 hav,
been made by pellee ~ 10 the cost o
tho horses must have been known by tn,
appellee to be false az the time he made
them. Second, that they were made e
defraud. Third, that appellant relied
ON the statements and was induced