The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1885-04-06
THE HIGHER COURTS.
SUPREME COURT.


T.. w. Taylor VS.. William Boyd & :
Bro; from Harris county. Stayton, J.
The legislature has the power to law
ully confer upon city the authority
0 improve its streets, and to impose a
ost of such work upon the abutting
property.owner. The assessment made
against a property-owner whose
property adjoins street improved is
legal without further notice
thsp Is given such owner
by the proceedings had by
the city council in passing the neces-
sary ordinances and resolutions made
neces sary under the character. In
cases OF Improvements made under sec
ton % Of the charter Of the city OF Hous-
ton, when the cost Of the Improvement
exceeds $780, the provisions OF section
40 are applicable, and must be compiled
with. Tho charter OF the city OF Hous
ton providing for the issuance OF
certificates 10 the contractor and the col
lection thereof by him, Is not in conflict
with any provision OF the constitution,
and tho contractor may maintain SUIT
on such certificate as fully as might the |
CITY had the work been done under It's |
control and management. The fact that |
tha tax Was levied upon all the property |
Of the owner together does not
render II Illegal; the charter not pro
viding that the tax shall be levied
against each piece Of property sep
arately, but IL does not provide that II
shall be lien, change and ineumbranee
upon the property held and owned by
such owner. Sec. 3, Art l6 Const APP
plies 10 annual taxes and not to local
assessments. The declaration contained
ha ~ 3 ta 81 ~ NJ ia
to the weight 10 be given the certif
Gates as evidence, makes them prima
facia evidence OF these facts which II
DEGREES IL shall be. Tax deeds and
other INSTRUMENTS under statutes so de-
claring, are prima facia evidence of the
facts therein declared TO be proven by
such instruments, There is no error
in the Judgment and II is affirmed.
Sampson Heldenhelmer VS.. Matte
Thomas, from Colorado county. Stay
ton, ]. That there was evidence tending
to sustain contrary view Of the case
o that taken by jury will not justify
this court in not holding the verdict OF
the Jury as conc. usive. A wife who has
cen abandoned by her husband has the
power 10 sell, without being joined by
or husband, her separate estate as fully
and in the manner that 0 es 10 may
No such power rests in the wife Of an in
ommunity property or the separate
property OF her husband. The Revised
Statutes provide Tor such cases. When
the Judge refuses TO sign bills
exception taken by coun-
sci they must show thai
the persons (cltizens)signing same were
present when the facts in dispute Oc-
CURED, and that the certificate was
given at the time Of its occurrence to
which it relates. When the language
used, to which bill of exceptions Is
taken, is provoked by remarks of oppo
site counsel, equal, If not more obiec-
tionable than that complained Of, the
point is OF no avail. Affirmed.
British and Foreign Marine Insur
ance company w. Gulf Colorado &
Santa Fe railway; from Galveston
county. Willie, c. ]. When a bill OF
lading and an insurance policy covering
any loss Of the goods named in the for
mer are signed al the same time, but the
policy describes tho property as having
been already shipped by tho carrier,
the insurance company will b9 held 70
be effected with notice of any reserya-
ton in the bill of lading and chargeabie
with notice Of the circumstances OF the
contract Tor its transportation entered
into between the shipper and the car
rier. To an action by the shipper for
the value Of the goods, the carrier
could not plead that 10 was not
liable because Of the insurance, and
that the shipper must look 20 the in
suranee company. Therefore, the in
surauoa company Is held TO have con-
tracted with the full understanding
that In case of loss of the property
while in charge OF the carrier, and that
loss was satisfied by said carrier, 10
would be entitled to the
Insurance due upon tho property.
In taking insurance the carrier does not
limit Its common law liability 10 the
shipper for any loss that may occur.
There is no contract of exemption
against liability for loss by negligence;
no agreement that the carrier shall boz
Unidentified, but the contract IL simply
that In the contingency Of insurance
consequent benefit in case OF loss will
result 70 the carrier Tho carrier
has the right to insure the goods In his
charge by contract made directly with
the Insurance company, and this h0
may do t0 the eXt0nt Of their lull value
As between the insurance company
and the carrier, tho former Is liable Co
the latter for any loss of goods occur
ring. Affirmed.
Houston Il Texas Central railroad
Company Va. G.. a. Hin, from Galveston
county. Willie, c !. A cause Of action
consisting as well Of the right OF the
plaintiff IA OF the Jury 10 that right,
where plaintiffs right accrued by rea-
son OF contract made with defendant
in Galveston county, and the injury
arose from a breach Of that contract,
which contract was TO be part
ly performed in said COUNTY.
and WIS wholly broken, cause of nc.
ton arose, and the suit was properly In
scribed ia said county. No private in
structions glveA by the company to such
agent, and not brought 10 theknowledge
of the party contracting with him, us TO
the matter within the scope of
his authority, would affect the
right OF such party to have
the contract carried out and
performed. a contract mado with a
general passenger agentOf railroad
entrusted with to supervision of It's
passenger business, and part OF that
business being TO make arrangements
and special contracts for excursions, Ia
binding on the company. A rail
road company may bind itself by con.
tract 10 transport passengers or prop
orty beyond its own line. Tho measure
OF damages In suit against a railroad
for failure TO carry out contract To
transport the passenger, IL such as are
incidental 20 aud caused by the breach,
and may reasonably be- supposed TO have
entered into the contemplation OF the
parties 40 the time Of making the con.
tract.
Tho judgment In ttocase il not sun.
ported by the evidence, Reversed and
remanded.
Told Mills Prairie Flour, y2,i5 per 10