Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1891-10-25

the injunction as to the five acres actu ally
occupied by the school, but. dissolved IL as
to the balance of the land and improve
ucnts. Held-This ruling was correct.
The constitution withdraws from the legi.S-
iature the power to exempt land used as IN
this case, and this construction was eVI-
IDENTIFY placed on the constitution by the
legislature. the fact that the land WAS
used TO sustain and keep up the school VIII
not exempt it from taxation. The property
held by the court below 10 he subject 10
taxation is not public within de measi-
ing OF our laws. There was no error.
Affirmed. Stayton, &. j.
Gulf, Colorado and Santa Pc Railway vs..
J. T. Wells: from Brown. On rehnaring.
This cause was affirmed at Austin by the
commission Of appeals. /. The court
charged the jury That il was the duty OF
appellant Ito furnish safe machinery for
the use of its employees" and that n failure
to do so would render it liable for an injury
resulting from defective machinery unless
appellee contributed TO his injury. Held:
This charge was erroneous. The words
safe machinery in tine connection uset
would mean machinery SO perfect
that it could be used without danger re-
SuiJing from any defect in it. Such ma-
chinery Is not required to be furnished piil
the company must use ordinary care To
avoid such defects as may expose employees
Reversed and remanded- Stayton, &. J.
c. Is. Davenport VS.. Dolie Long; from
CasS. Motion for cerJiorari. l. An imper-
feet record is shown and the grounds OF the
motion are well taken. Granted. Per Gu
RAN.
IL s. Mathews vs. Benjamin Whitaker ct
al. from Bowie. Motion TO dismiss. !.
We are not disposed 10 dismiss a writ OF
error because the Endorsement on the back
of the citation in error does not show when
same was issued. Overruled. Per curiam-
Laid NJ Waters & Bro. vs.. Mrs. Kate
Wood. Motion 10 strike out statement facts
!. Where sufficient reason Is shown Tor
failure to file in proper time a statement or
facts may be filed after the expiration OF
ten days. Overruied. Per curtain.
s. A. Rider & Co, VS.. w. H D. Hunt;
from Cass. Motion to file briefs. /. Where
manuscript brief is filed in court below,
printed briefs may be filed in this court.
Motion granted. Per curtain
s. A. Rider & Co. VS.. W. Fl. D. Hunt;
from Cass Motion for certiorari. l. Ths
motion shows the record is imperfect, and
will be granted. ?. A bill of exceptions not
approved by the court can not be cOnsio-
cred on appeal. Motion granted. Per GU
RAM.
NJ J. Wood ct al VS.. L. II. Lenox ct al !;
from Cass Motion 10 strike out briefs and
argument l. The record shows that briefs
We're filed in the required twenty days, and
The motion is not well taken, Overrulet-
Per curiam
East Texas Fire Insurance Co. rs. J. '.
Flippep: from Cdss. Motion to dismiss.
!. An inspection of the record shows the
supersedeas bond to be III more than double
the amount of the Judgment and costs. Mo-
ton oyerruled. Per curam-
NJ ]. Wood VS.. L. II. LenoI; from Cass.
Motion to dismiss. i. Tie record is i'm
perfect. but this motion will be suspended
until certiorari is returned 10 perfect the
record. at which time it viii be- acted on.
Ovcrruled. Per curiam.