Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1888-10-15
THE HIGHER COURTS.
s,nop,es OF Decisions Rendered at IL.
Preaept Tyler sitting
SUPREME COURT.

SUPREME COURT.
Correspondence of the Gazette.
TYLER, Tx, Oct. 13.-Missourf PS
cifc Railway Company Va. L. A. Evans
appeal from Anderson. About February
8. 1886, Ell Evans boarded freight train
on the road Of appellant and WAS after
run over and killed. This suit IS insti-
tu,ed By the mother OF said Evans. II
appears thA. Evans WAS drunk when te
boarded said train, the. 70 one except
the head brskem man knew he WAS en- the
train, he being on fat car close
up to the ecgine. The brakeman
took him for q wood chopper in
the employ OF defendant company. At the
Trinity river, place called Long Like
tank, Evans got GU. CT the car. Passen-
gers frt q DENLY got on and CT the traia
at this pace. Tlere was no MOTEL there,
bus house or two close By. As the
trsin started & L ysns tried 10 get in b
b. car. Giliis, mead brakeman, caught
aim, seeing his danger, SDd led him &
few steps from the road, when re ssrk
down and Wss there ltfE alone. About
fifteen minutes sitter this another trsiu
came along and he Was seen about $50
yards east CT the tank. he WAS walking on
the ends OK the ties, and when the train
got close to him he staggered cut to enc
side srd let the train pass. After the
train passed he got back upon the trsCk.
About ) min tiater 6 third train came
along snG also stopped a. The tank. After
the train pulled out from tie tank, end
when about 900 yards distant from it,
al iUyY,gy ff,uu, M tho ~
Wnen be w&s 81 ca Inc elgine was abou!
seventy Ii re yarc5 distant from him. The
engineer ct once reversed the engine and
whistled TOR down br. kes, but the tIsln
C 2uid not be stopped and ran over
L JaDs, Ii # cling III aries from which,
in short time, he died. The
brake man who pulled him away
while ne was trying 10 get In the box
car testified that re WAS unable to take
care Of himself. Il ID shown thst whsn
deceased was billed be w,s in g neighbor-
hood where he was wei. acquainted, aud
that HOUSES we're near by. The court
charged the jury In substance thst mental
uccasloned by insox;cstion
would e1Cuae deceased from any care
whatever. Held: This charge WAS er-
roneous. Defel dsnt company asked the
following special Charge: "You are fur
her instructed inst the plaintiff, L. A.
Eysus, Is not entitled to recover II her
son Yves rot in fact put CT the train
RroIg,uiiy, but WAS put OF e. 8 place
~aere oY Ordinary care he could have
,v1ided the mary. Aud If the deceased
would not have been irjured tut for his
utc catios the plant. 4 can cot recover
Held: Refusal to give this charge was
error. Il ,versed and remanded. Walser,J j.
Miller ct 81. VS.. Noes CT al; appeal
from II anderson. Trespass TO Try title
Rails ls sec bud appeal OF this case. l.
This court decided on the former appeal
hat lille Was in appellants, but that ap-
oellees we're entitled to the value q i'm
1c0veruen's made in good faith. Proof
# ire value Of the land and Of the i'm
1ro7ements YVES mace, but the record
Toes Dot show what part Of tie land sld
claimed by each defendant
IS on tie land in controversy, and hence
he court is unable to render judgment
lusl 10 the case. 2. In order 10 make
descriptions contained in other papers q
part Of 8 pleading tee originals, or copies
hereof must be attached arc referred 10
IS libits, but in 81 answer, ,dgment
the same court describing the land in
csnnot properly be made az
xlIbit for the purpose of description.
rle answer should have described the
srd. Reversed and remsnded Gsinee, J.
Missouri Pacific Railway Company VS..
l. j. MoElyea; appeal from Anderson.
Sdis for personal injuries. Appellee YVES
section boss in the employ of the appel
an. company. He WAS on an engine On
li3 way 30 wreck when the dersilmsrt
occurred. The derei mant WAS caused
" brake shoe falling from the brake
,eam ilst In advance CT s car wheel,
ghicn Was thereby forced from the track
rhe evidence shows thai IL the brake She
!sd been properly fastened 1t would not
ave fallen. The evidence WAS cor fl,cI-
rg az to the engine being in good repair.
The Jury have passed upon this question,
g it WAS their peculiar province to do,
nd We will not disturb their fading. 2
railway company can not relieve Itself
rom liability for an il Jury to al employe
esultiDg from failure, on its p4rt
trough Its agents, actually to use such
.re for the skfety Of employees as the law
ns kes 1T ut cessary for such master TO
lse, by making and enforcing regulations,
lnless the regulations be such, and their
80 complete As to result in
hs actual use Of due care. Nd reversible
rroT. Affirmed. Stsytor, G. j.
Most ct al. We. Nacogdoches county;
ppesl from Nscogdcches. This suit was
instituted by Nacogdoches county to re-
,over taxes paid Most In his I'll ;lsl capa-
lily is collector Of said county, and which
le failed to pay 70 the treasurer Of sEid
county. l. The petition in this case al
eyed that the sum claimed was actually
by the collector Sc taxss due
he county, and that be collected them by
virtue of his offlce. Uoder such an ALE
cation as this II is unrec sssary to $40 n
he legality Of the lax, It's vslid levy or
ssessment, nor that the tex roll YVES
placed N the hands Of tie collector.
}. The law requires tax collector to
make quarterly reports as to occupation
.sxss collected, snd such reports fled oY
collector OF taxes ss required by law,
Ire admissible IN evidence agsinst him,
hough they msy lot be subscribed by him.
The petition alleged that taa amount
If the collectors bond was $4,000. The
,ond on its fsce showed it wss tor $1,000.
" hen 1. Was f3red in evidence appel
ants objected On the ground OF variance.
Held: M error in overriding the hjsc-
ion. Affirmed. StsY.on, c j.
Missouri pzr;pc Rnilvrv H1mnanv vE |