Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1895-02-28
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TO the company, together with the
atlldavits of II. II. Taylor as to certain
facts affecting the title. The AFFIDAVIT
disclosed no fact showing that either
II, n. or j. NJ Taylor ever held the
lands In trust The court charged in
effect that notice to the agents of
plaintiffs claim would be notice to the
company, This was error The princi-
pal ~ not chargeable with knowledge
the agent has acquired in a business
other than that Of the principal go Tex,
3lSD This error requires a reversal as
TO the loan agency, 1t ls true that the
information furnished the agency by
their agents clearly apprised 1t Of the
fact that the land was community of
Il, II. and Tennessee Taylor. The in
yentory filed by Il. IL. Taylor was re-
ferred to- But the inventory and APP
praisement give him unlimited power
to dispose OF the community estate,
and his deeds to II. T.. Taylor and j.
NJ, Taylor, the sale under execution
upon a Judgment for community debts
upon their face passed both the legal
and equitable title to the land. These
conveyances, with the subsequent deeds
from II. H. Taylor and j. NJ Taylor .
R, II. Taylor and the devlsee to Mrs.
-. y. Taylor showed title In her ana
disclosed no fact calculated to put
prudent man upon inquiry as to the
existence Of trust Plaintiffs relied
upon n seret equity, and it was incum-
bent upon them to show that the pur-
chasers had notice OF IT, Affirmed as
between plaintiff and defendants d.
T., joy, Y, and TOodles Taylor and re-
versed as to the Texas Loan agency
and the cause remanded for trial upon
the Issue OF notice, So much OF the
Judgment as affects defendants Cobb
and Buram IL not disturbed. Opinion
by Gaines, C, j.
Houston City Street Railway COM
pany VS. Charles G. Reichart ct al
Writ of error to the first district:
Charles c, Relchart and Charles G.
Reichart, father and son, are members
OF the city fire department. on an
alarm OF fire 1t was the duty of the
father to drive the hose cart and of
the son TO ri thereon to the fire. In
the pefform' \ OF this duty the cart
was oNerturnsJ In crossing the track
OF defendant and both injured The
father sues for himself and as next
friend for his SON who was minor.
II the exception on the ground of mis-
1olnder had been Insisted ut,on n
should have been Sustained. II does
not appear to have been called 10 the
attention of the court. II was alleged
that the accident was caused by the
neghgence OF the company In allow
Ing the track to project above the
grade OF the street, so as 10 make IL
dangerous for vehicles TO cross II. II
was In evidence that the street com
missioner and the chief OF the fire de-
partmcnt had notified the agents ~
the railway company OF the Dangerous
condition of the track; that thew had
promised to repair II and the promis.
had been communicated to c. q. Re,-
chart. The court charged In effect that
II the promise had been made ana
communicated, and n the father re-
lied upon It, then the verdict shonId
be for plaintiffs, This was error. Thers
was no eontraetual relations between
either OF the plaintiffs and the defend
ant knowledge on the part of c. C..
heiehart mat the company had prom
lsvu 70 repair was a circumstance to be
considered by the jury In determining
me question whether or not he had
ussu proper care; But his reliance upon
she promise could not defeat the de-
tense OF eontrlbutory negligence IL, as
matter OF fact, he did not exercic =.
que care In crossing. c. c. Reicharf
RENTED his Judgment. This court CON.
ours IN the holding that his negligence
should not be imputed to his son, but
20 not concur In the conclusion that
the error was harmless as to the SON
u cannot be said that If the Jury had
round {. q, Reichart negligent. the
nnding would be withou. evidence 10
support II. The charge upon the meas.
ure OF damages does not seem 10 adj
mt OF the construction that would III.
low oouole recovery for loss ~
Time by the son. Reversed and "a
h'ahaed' Opinion by Gaines, ., ].