Walker v. Armstrong
Texas Supreme Court
Appeal from Bee. Tried below before the Hon. D. D. Claiborne. Suit brought by Armstrong to recover of Parchman a sum of money deposited with him as stake-holder, upon a wager between Armstrong and Walker upon a horse race. This is the second appeal. The facts now presented are as upon the former appeal, with some additional proof.
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Appeal from Bee. Tried below before the Hon. D. D. Claiborne. Suit brought by Armstrong to recover of Parchman a sum of money deposited with him as stake-holder, upon a wager between Armstrong and Walker upon a horse race. This is the second appeal. The facts now presented are as upon the former appeal, with some additional proof. See Armstrong v. Parchman et al., 42 Tex., 185. The agreement for the horse race was in writing, and contained among other provisions the following: That Parchman “should give the word; that the horses should come up to the mark - and start at the word ‘ Go;’ that…
1Opinion of the Court
Quinan, Commissioner.
We are of opinion that the court erred in its charge and in refusing to give the charges asked.
There was testimony tending to show the rules of the turf in western Texas respecting horse racés and contracts for horse racing like that in the present case, and the sufficiency of it was for the consideration of the jury and not the court.
If the proof was sufficient to satisfy the jury as to the existence of the rules of the turf, and what those rules were, it was proper that they should consider them in *613connection with the agreement of the parties in this case, so as to…
2Cited by1 opinion
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