Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1890-11-10
COURT OF APPEALS.
synopsss Of psci-inns Rendered at the
Present Tyler .itting.
or,,srondence Of the Gazette.

Corrcspondence Of the Gazette
TyIEE, TEX, Ncv. S.-Ex-Parte c.
W. Robinson. from Harris. Relator
stands charged with selling one barrel OF
illuminating oil the product OF petro-
leum without first having same branded
end Inspected in 6ccordapce with the act
Of April ). 1889. Relator purchased q
railroad tank of oil AT Findlsy, Ohio.
same having been duly aud legally
branded and inspected under the laws OF
said state. This tank was shipped to
Houston where relator drew out a barrel
of same, ana without again having came
Inspected in this state, sold it to GUS
TONER. Held: The oil having been
duly and legally inspected in the state OF
Ohio, it was not necessary to have same
again inspected In this state, even
though sold in broken packages. Rris-
tor ls guilty of no ofTrnse within the pur-
view of the act of April 5, 1889, or any
Other penal law. Relator ordered dis
charged. White, Z. }.
Texas and Pacific railway rs. William
DOugherty et al, from Tarrant. APP
pelles Doughsrtv was passenger on the
whils the car was being driven :about
as fast as the mules could co., and
while in the act Of intersec,ing appel
iant's railway the street car struck q box
car standing on appellants track aud
appellee Dougherty, who was standing
outside on the platform of the street car
w8B thrown 10 the ground and daZed and
bis upper lip cut SO he had to have il
seTed up. He paid S. for medical SER
vices, while the cut healed leaving u
slight scar. He came to his Office next
dav and spent ous hour and regularly
thereafter attended TO his duties. The
driver had passed the scene OF the acci-
dent during the day and knew OF the
close proximity of the box car to tine
Street railway track. DouRhertv sued
appellant and the street railway Jointly.
lie recovered q verdict for $500 against
Them, and the street railway in turn had
judgment for the same amount against
appellant. Held: !. II both parties
we're Liable for the injuries inflicted on
toueherfy the street railway would have
no cause OF action against appellant, and
Tue judgment in that respect is erron-
eous. 2. The court erred IN refusing
appellants requested charge to the effect
mat il tbs driver Of the street car WAS
guilty of negligence which caused the
injury. then appellant would not lie lia-
70 Tex. 21t. 5. We think the verdict
!oF s-Oo Is excessive. Reversed aud re-
manded. White, p. j.
August Grandson vs.. the State; from
waller. Conviction for perjury. 1. 1t
was fundamental error in the court in
,sllins TO charge the jury that they could
not convict defendant except upon the
wsumony Of two credible witnesses, or
VI one credible witness corroborated
strongly by other evidence as to the
lastly OF Defendants statement under
us'n. Reversed and remanded. Will
son, j.
o"o Moore vs.. the State; from Kauf-
, nau' Theft of horse. After appel
.au' was convicted, Norman Moore, who
'huieted for the came theft, was ac-
a In hir motion for a new trial,
ant attached the affidavit of Nor
moore that he would testify that
ppenan' was mol present when the theft
,.. u United. knew nothing of it, and
,s uot connected with II. Held: A
o.. "iai should have been granted.
T'ea and remanded. willsun, ].
Asfkana and Fort Smith Railway ",
40. weed; from Bowie. /. The evi.
hs,s supports the judgment aud that
di,, ,ne only question raised the yer.
p, Shi not be disturbed. Affirmed,
,,n,. Z. somerville W. J. NJ. Mullins:
ips,i. iarrant. l. We think essential
n, nss been attained and no mater.
Viii ,'. committed. and the judgment
Co.. amrm-d. Per Curtain.
.rom p hackleman VS.. the State:
s,s;sn" opkins Carrying q pistol. /. No
aud No OF facts. no bills OF exception
frmss er,or apparent Of record. AT.
W. Per Curiam.
wal russell vs.. the State; from Rock.
dencs .airvine pistol. L. The ev,.
Is mn a.,ains the conviction and there
armsa error apparent Of record. At
Roc.. acCresry Va. the STAN. from
men. ;, a., Carrying a pi.soi. i. sssss.
order,s,. .sc'a not tiled in time. and NO
,ournraeo.. Il to b. ma sfter .d.
irnsd r. No error apparent. Ar