Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1885-06-29

p1Vaueu from the RAILWAYS engins
Wnlle IN transit because of tho nsslis
gence OF the companyis agents snd
employees, is the difference betwsan
the value Of the land before and af,ar
me nre' The grass aud growing Tim.
Der not being severed from the so,i IL
part OF the realty itself and tbe,a.
Iore, IN such an action, has no inde.
pendent value. Reversed and re-.
Railway vs.. Wells, from Fann,n
county, Appellee bought ticka
from III. q. to z. and entered annels
isnt's coach to make the iournev
soon AFTER the train started the con.
Suctor TOOK up the ticket, but gave
nun no check in return. After the
Train ieft an intermediate station the
conductor demanded OF appellee adj.
ultlonal fare to p, claiming that tha
tlcket was only to the Intermediate
station. Refusing to pay additional
rare, appellee was elected. He was do.
tanned day, paid 40 cents extra 10
get to his place OF destination and was
compelled to walk 500 wards back 10
the depot. He recovered Indignant
for $3.50. The court charged. In snh.
stance, that il they believed The
pIaintlii had bought the ticket, etc,
ana was elected from the cars, thew
would ma Tor him such actual dam.
ages as they may believe he sustained,
not 10 exceed the amount claimed
Also that they might consider as ele.
ments OF damage his expense, loss of
tllne, bodily discomfort and injury 10
his feelings, but not to award exem.
plary dsmsges. On opening the argu
ment counsel read to the court, In the
hearing. OF the jury, from Thompson
on Carriers. Held, that il Is left large
ly to the trial court how far It will
hear the reading OF authorities upon
the trial, and Its action in this respect
VIII not be revised until prejudice 10
the complaining party is apparent ~
WIN Con. Cas-. 4S2. 433l. The damages
being within proper limits, the man
ner OF the court In charging the iury
IN this case does not necessitate "A re-
versal. Affirmed.
Brown vs.. the State, from Morris
county. The conviction in this case
was for the theft Of property exceeding
Ia value the cum of $40, aud the pen.
atty imposed 10y the verdict was term
oil two years in the penitentiary. Its
settled rule of practice in this court
that, TO be considered the statement
OF fact must atiirmatively appear TO
have been filed within the time pre-
scribed by law. To be so filed. thev
must be filed before the adjournment
OF the trial court, or, If additional time
OF ten days be allowed by the trial
court, then within the ten days, and
the transcript must show the order of
the court allowing such tea days. In
the absence OF proper statement of
facts this court will examine only as
to the sufiiciency of the indictme Mt.
and the abstract correctness OF the
charge, together with the regularity OF
the proceedings. Affirmed.
Schwartz vs.. the State, from Burnet
county. After his conviction In the
court below OF the crime OF burglary
the appellant perfected and presented
his appeal 10 this court. Pending the
disposition of such appeal the appel. |
liant made his escape from the Il.
county jail, and upon this ground the |
encouragement moves the |
court to dismiss the appeal. 1t is |
shown to this court by the certificates
and afiidavits Of the proper officers
that the appellant did not, as he in
iists, voluntarily return To custody |
after his escape, but that he was cap |
.ured. The motion must prevail. APP
peal dismissed.
Wstsberger vs. the State, from
Wichita county. The conviction in |
his case was had under article 47I OF |
ne Penal Code, which provides as fol.
owe: IF any person shall use a false
weight, balance or measure, in weigh |
ng or measuring anything whatever,
purchased or sold by himself, or bar
cred, shipped or delivered by him for
ale, or bartered or pledged or given In
payment, knowing the same TO be
alse, and with intent to defraud, he
hail be punished by fine not exceed
ng three hundred dollars.p In al
eging that the appellant sold In this
,ase by false weight, knowing the
anne to be false, and that he sold With
ntent TO defraud the purchaser, the
Information sufficiently charged the
'ffense. The evidence WAS ample TO
Import the conviction. Affirmed.
Wolf VS.. the State, from 1872 county.
The conviction In this case was for the
heft OF mare, and the penalty inn
,osed by the verdict was term OF five
ears in the penitentiary. The assign
nents OF error assailed tue indictment
md evidence AZ insufficient and the
barge OF the court rs incorrect. In
he absence OF proper bills Of exception
With reference to the charges inn
,ngned, there being no fundamental or
apparently injurious error in the
barge of the court, the last error AZ.
igned will not be considered. Them
ictment alleged ali the essential ele-
nents of the crime OF theft, and
vas therefore sufficient; and
he evidence shows conclusiyely
hat the defendant was the person
Who fraudulently ana feloniously took
he said mare from the possession OF
he owner, with intent 10 deprive the
wner Of the value thereof, and to APP
,ropriate the same TO his own use.
Affirmed.
Wallns va. State, from Collin cOun-
v. The opinion Of this court, upon
ne assistant attorney-generaps motion I
o dismiss the appeal in this case. be-
.ause OF the escape OF the appellant
bending appeal, delivered at previ-
,us day OF the present term, has been
exported in these columns. That
,,ation having bapu Overfuled, the