The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1895-12-25
Hoods Pills - .: ;SiiiwSi

Is elementary law. II -
copei NAY s, NE master ~ NJ y
t W., ct MS business In his ~ ~ q
mat 9i MS servant cannot re vnh ~
lurles resulting from IL , "rv Il
seIOus manner In which ~ liSuall
Iafrled on, provided no " oasae
udilSer IN time to quit an,iaa1 u
mourning 1t. But the ser yuym n
sence Of knowledge, hss ,ha Y u
sumo mat the master knows ttsll
ana that he will conduct !. ~ ~
ABLY safe and prudent m.r :. y 10
n s s.i, owe T. no duty. Of inspsstss
I has ae,,,d me risks Of danger Of n;
aiaS actual Knowledge, ana AZ NM
arus as ne would have il, ~ ,Is !.
exercise of that ordinary cironrv
Wnlch a prudent man wonls nn
particular employment Il,
these principles to the preesn, n, ~. Y
the deceased knew liz we,S
called upon to perform Va a
is not to be denied. Anv ~, 80
bridge of the character N ~,
ny, the evidence is attends -.
Nisks, but it can not be cnn,,,r w
we rails might have been r,nm1
reasonably safe manner, sutS ~
as can not reasonably b syoISH =
be deemed ordinary danr,rs d.
not warned that In entering M.
work he would ensounter 4 Ts
binary hazard. Can Il BE- saH |. \
ter OF law. that an inpfnerlss,j y
relying upon the assumutlon N,
master knows his duty u m ~
and would perform Il. would Mrs III
that the manner Of doing ~ ~
not a reasonably safe one, Al ~;
IN tho case where the vice p.irt1 I
the master Is present dirscta II y
We think not. We think IL ovsj2
OF the negligence OF the COMPANY NJ
assumption of the risks by M ~
or of his contributory negllgNcs i :
1t may be called. should have b<,
mhted to the jury under appnTn,a
structions, and that for he 9rw b
so doing the Judgment should h Fu
2. The trial court did not N 4
Guiding the testimony az 10 u N
receipts from his sons wagu trn
latter's minority. 1t did na I'd
prove what the son would AW q
him after his earnings became v e
3. II was testified that tnna
before his death, was pfeanN ~
to become a machinist and sgast
court did not err In exelBty gxd1
as to the wages that enginsas " ~
inists ordinarily received 4: w n
vices. The probability tht -
would become an eng!nw Y ~
was too remote, continna " wv
tive to throw any light upM ~ ~
amount of his future eairhe-
and remanded.
Opinion by Gaines. C.J.
j. Fl. MCNEIL vs. CITY OF Way
to recover damages for NtsSa 2
tract by McLennan courv' llis
trict.--Reversed and rendered
Plaintiff In error, Mcneil H
this suit to recover the contfsa ~
certain fire cisterns built BY hu a
city of Waco.
In the trial court there vnss,
for plaintiff, and this tudSne1 ~
versed and remanded BY ms c's''
civil appeals. -, 49,
The constitution provided mE
debt shall ever be contracleu Y NJ
unless at the same tune sr,x
made to assess and collect ps's ~
sufficient sum TO pay the lniaes, NJ
and create a sinking fund 81 y ~
DER cent. thereon" (Aruce Il I
Conf .,..r,,l,
These provisions in no un :. -,
guaCe, without exceeding aI ~
cases, imperatively proh'oAa An, M
.creating' or "incurring 10y ,,s v
purpose and in any mahne, ,.,',Issi
the same time making tns I'M ID
vision. 1t Is therefore o. n;,, 4
ance to determine the n u. .os,i,.c|
word debt" as used In tle Nv go "
we conclude that the worn us%
I'm the constitutional plos.s~ M
quoted. means any pecunia.s ,,S Z 4
imposed by contract, excsp. ~ vi.tr
ny the date OF the contrac. MAJ
lawful and reasonable con!snl X N
tn" narties. TO be satisfied guy y u
rent revenues for the yeat imrl
SONlc luUu liNtH '.1tnn
control of the corporatv,.., ,r,sry "
prima facie every peyo sa ~ ~
ton attempted 10 ne cres r,ry Il ID
is a debt within the mesms MAJ
stitutional provision aoovs IN II
Attempting to recover tn,.s
thereon must allege the ls.;i,ai
n compliance with the co' wv
statutes necessary 70 pin1 IN
n n,,,st sllere such facts as nsiM
tIcular claim within tne .s IN i
stated to the meaning OF sn moro \
Since the petition seeks s.VS,IrstIoa \
ant o,i 81 q contract. and alls .si,a,,,rs
compliance with said f nr,nsiaS IL
vision nor any facts p, n,,eus sseu
within any of the exe .sp, he ID
Girnted we conclude INA. saldir
oivil anpeals was correct ~ IA mn
1 NV ,e5srai demurrer should n.. = Ii.
sustained: and, in ,,e slretti,s,
mandate of the sla,n.e dselsioa I
court. in the event me us.nproya
c co,,rt nf civil appeals IS s " ,N q
c ,ose b, p1 TO this court % o0urt 4
that the decision OF ,, ss me csss
anpeais practically settles IN.
der final Judgment a cSay il restTssss
ne Of the court below lo,asrsd ID
i,S,1, 81 will be here ren'''
defendant In error.
Opinion Of Denhiah, 49,