The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1891-02-12
SUPREME COURT.

jefferson. Suit by appellee to recover
certain lands. |. Where two lnS'rU-
ments are executed the same d ~ by
the same parties. aud with reference
to the same transaction, both luSttu-
ments are admiS iDle in evidence,
there btinguo substantial variaucA i'll
| the instruments as offered in evidence.
aud as set out in the petition. 2. If
! the Judge in his charge undertakes to
| state to the jury the issue ina e in the
plratings. and the charge as gwen Is
objectionable, either from emitting II
part of such issues. or from stating
them incorrectly, the proper remedy
to apply is to Call the attention OF the
court 10 the error by requesting
proper charge at the time, ahdif that
is not done we do not think it proper,
as q general rule, to reverse II Judg
ment for such n cause. There j. no
visible error. Affirmed. Henry, j.
Gulf, Colorado and Sante Fe rail
way VS.. s. II. Trawick, from Lampas-
as. Suit 10y appellee to recover dam-
age TO cattle escaping from a stock
pen of appellant while awaiting ship
ment. |. While the coutr ict of ship.
mept contained a stipulation that suit
for damages must be brought within
forty days, Yet if the appellant
through its duly authorized agent, in-
duced appellee not to sue, promising
to settle without suit, until The forty
days expired, the appellant would be
estoppeu from setting up limitAtion
as defense go n. Y 81; A N. j.
: law reports; G3 Texas, 404) 9. We
9 think the evidence fails to show that
| the local agent had authority to rep
resent appellant in asking appel ee
not to SUE, he (the agent te.tfyiug
/. that the Statements made by him were
A only as to his own opinion and that he
g had 10 authority in the matter. The
Y court erred III refusing the charge as
to the lnsutliciency of The evidence to
. show estOppel. 3 The cattle being
2 in The pen provided by appellant Tor
\ their reception and being partly load
i ed, they were held by appellant as a
p colnmon carrier and the latter is re
= spousb,e us "a common carrier (GS Tex
, 3l4l.
Q 4. Under article 1896, Il. s., railroad
{ companies are required to keep pens
e for the shipment OF cattle. and they
t canuOt abSolve themselves from til, if
:, statutory Gu'y to k,eD such rs are
j. suitable for the business bv Showiop
a that they were so badly kept or con-
strucred as to make it con r,bu,ory
y negligence upon the part OF ,he shin.
. ! per 10 use them. ). Where treicit
| is shipped over several CONNECTING
lineS OF railway aud is damaged IN
| transportation, ia the abs nee of ev,-
dence showing where the injury Oc-
= Cured, the company delivering same
= Will be held liable. Reversed and IT,
. manded. Henry, j.
Pacific Mutual Life Insurance Co.
| vs.. Clara Williams, from Galveston
Motion o strike out certain atIi Lvits
in the +, cord. l. The char ,c,er ot
! this vii! be taken under adyi,ema,t
| and considered in the laal DISPOSAL Of
! uhe ease SO ordered. par curlaIu.
l Pdc tic Mutual Life Insurance Co
e. VS., Cara Williams. Motion TO strike
out briefs of appellant and assion-
. ment> OF error. l. The assignments
60 OF error ae not 50 general a> com
) plaiued OF. :. WMie the rules r.
quire that briefs be filed in the caIrt
below twenty days before the as,i,,-
ment to which they are ,eturpabl4 i.
taken up, still where briefs are filed
oue or two days late they will be hi
flied in time unless the opposite marry
can show injury by the failure to- COM
ply strictly with the rules. Motinn
Ovtrruled, per curiam.
Gulf, Colorado Il Santa Fe railway,
company VS.. Mauzel Marua-Mnti", |
to diSmss appeal. /. Because, in tho |
opinion of the court, the motion =" |
dismiss is without merit the same
overruled. Refused. Per curiam
Emile Broussard vs.. Sabine ana
East Texas railway; motion to dismiSI
for want of jurisdiction. l. ThiS
court has jurisdiction of the apnnaI
herein, and the motion is not VII
Stken. Overruled. ercuriam,
John and Maria Hill W. Gulf Colo
RADIO and Santa Fe Railway: morton
TO strike out statement of facts.
The statement was preDarpd anI
handed to the judge on the last Ia au
allowed oy law for thing same. TSe
Judge. without handing same TO conn
sci for appellee fer inspection meda
out statement of his own. endorsin''
thereon that being the last dav AMI |
RAINING he could not present statemant |
nahued hun by appellant by coun.aI
iof appellee for Inspector. Motion
granted aud statement stricken o,,t
Per curtain. -'Nen out.
. N1iVeS on Wharf Cor,no