Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1892-11-21

tu u lrg Nov lp Npoenl rle ia
piuAc ,pus. ...l monday, Nugcmbei AZ, I'D.
having no business before Il, adjourned for
THE COURT OF CIVIL APPEALS
The following opinions were read In the
court Of ciyil appeals for the Third district
ON, wednesday November 10 1852.
Josephine Mcdiln ct al. vs.. John Wllkins
ct al, FROM BoAHr,
IhiH was II suit Of trcspass to try title,
Ilaintna petition set out the defendants
were IN possession OF certain tract OF
iand Known NJ the Torres suerte, but tho
ucfendauiA was the Fucrtes auerte. Tho
alegain and the probntn must correspond.
llnlnuna VIII not be permitted 20 sue Tor
one trurt uf land aud recover another NOT
described IN their pettlon. The Judgment
Is affirmed. oplnion by Fisher, q. j.
William Moller aud A. NJ. Dugger ,a, n.
THIS suit was one OF trespass to try title
hoth PARTIES claim under patents from the
state to parts OF two conflicting surveys
Inc lana 9llco maps shows that the Clark
survey under which the appellants claim Is
The elder, but the original Held notes show
tnht no StuNnll survey unucr which npuri.
Mvs elaim was surveyed two days before
that Of the CLARK guroy Upon t6cso facts
me court gave Judgment for the appelices
nhd ihere being no error It a. affirmed.
oWnion BY Fisher q, J,
Mary Mcdonald Il III, vs.. tho Inter
national aud Great Northern halfway Gam.
runy, from Williamson;
-Ihs Ia tho second appeal of ths case
40 Texas IN The following charge was
given and IA assigned az error. ,Vihe nm
hing by defendant OF trains upon III trnck
was authorized by law and the law did moi
impNst any rate OF speed on such trims
The defendant was entitled 10 ia traet nj,
It's lralne 10 run upon and tn Servants nnd
nFgnts In charge Of n running train had mo
rrlssth{t 20 sg, up2n lhe presumption that tho
ny persons approaching tho track 1'bis
noWeNsf' Would not excuse tho running NJ,
v Ma AK 'hc oNg{, person nron the track. Il
OF utienuhhts In charge OF running train
~ ~ uAey ~ All times, and especially
IN passing through towns and VILLAGES and
lh hpMunehihs crossing places on its track
whefo people were accustomed 10 crrss
10 heep lookout and n person was seen
,ls In, ,hg truck ana IN danger. to check up
exercise or ordinary care and hy the use ~
vrlihnIy means 70 avoid innlctlng injuries
hpon such person.
The eorrt hoida this nysirnment ,o,
TAKEN, Hutto, the place where the aceIinnt
huppened. WAS not Incorporated nor xyss
ihWe any statute. regulating the speed az
ttNns, hut frum this u can not be inulici
thAt there II no law regulating hr sVe,ti ~
Trains 10 passing through cities and towns
or ghat tho parties controlling them enuid
run i!riA ny fnst as they pleased rveh AZ
the iisk OF impcrililnk the lives 81 ns ra ~
lawfully using the crossings. Il nltbi w,
y" irFllgvnee under sonlp circumstances ~
u srmr rate under other eirg,,n,e t; a Nnen
throurh city or town, would be rroas mac,
iigence; The size of the town, III pnnpis.
upil the tiinc and many other inelInnts
Moold enter into the question OF negligence
=, would be Improper 10 Instruct tho ,prv
,hAs failure 70 give the prescribed sir6sis
hnen - the ringing OF the bell or mo bln,s''
hk 81 the whistle. would he narlig,nf,
WI a IN particular case, hut e Woni1 NJ
cquaiN Improper TO instruct that Il ,totla
not re. unleaa it clearly appeared mas -
was lnmateriai. The Julgmvnt "a revcgs,tt
Nplmon by Justice collarl. Justice Key 6id
not sit In this ease Nv "iu
a, r. 49,, 4, ,F.lrsnuagan vs.. J. II. Nasworhy. ct
gh9 were plaintiffs IN Tho court brlol
eteli9td 10y virtue % sale made 10 Nes.
Worry by the land hoard IN January. Isl
-piritAhts answered that such sale nassed
h9 uue, because thore WAS no clasdticntien
on school lands In Tom Green county as Nv
.9Ntsi " act OF April ~. 1853; hoesps.
y tns ihnu was not sold IN the couaty whcr.
~ Mhs situated, because the laat was NM
osrrscty descrihcd IN the application IA
lurehase Court holds that thc apnraias.
i ", % these lands under tho law 81 iSSi
~ Hopptcd ~ the land hoard rs hasa
Mea eluieient classification The sale was
made IN Austin Instead " "a tho county