G. H. & S. A. R'y Co. v. Dunlavy
Texas Supreme Court
Appeal from Fort Bend. Tried below before the Hon. L. Lindsay. This was a suit brought by M. B. Dunlavy and wife against the G. H. & S. A. R’y Co. The facts of the case were substantially these: Mr. Dunlavy, his wife, infant and nurse took the train at Richmond to go to Walker’s Station, seven miles off, placing in the charge of the baggage master the lady’s trunk, containing her wardrobe, a gold watch worth $200, a music box worth $60, and other articles; the trunk itself,…
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Appeal from Fort Bend. Tried below before the Hon. L. Lindsay. This was a suit brought by M. B. Dunlavy and wife against the G. H. & S. A. R’y Co. The facts of the case were substantially these: Mr. Dunlavy, his wife, infant and nurse took the train at Richmond to go to Walker’s Station, seven miles off, placing in the charge of the baggage master the lady’s trunk, containing her wardrobe, a gold watch worth $200, a music box worth $60, and other articles; the trunk itself, a “ hasp lock,” being worth $10. On arrival at the station, the party who sat. near the door at once started out. Before…
1Opinion of the Court
Walker, P. J. Com. App.—
The first three grounds assigned as error relate to the charge given by the court and the instruction which was refused as asked to be given by the defendant; and they may be all considered together.
It has been repeatedly ruled that the statute requiring the charge or instruction to the jury to be reduced to writing is directory merely, and a violation of it cannot therefore be assigned as error. Reid v. Reid, 11 Tex., 585; Boone v. Thompson, 17 Tex., 606; Chapman v. Sneed, 17 Tex., 428. Therefore the mere fact that the charge was not in Writing, unless otherwise…
2Cases cited4 opinions
- Chapman v. SneedTexas Supreme Court · 1856
- Gordon v. JonesTexas Supreme Court · 1864
- Reid v. ReidTexas Supreme Court · 1854
- Bradshaw v. BuchananTexas Supreme Court · 1878
3Cited by7 opinions
- Zarate v. VillarealCourt of Appeals of Texas · 1913
- Parker v. ChancellorTexas Supreme Court · 1890
- Bizzell v. StateCourt of Criminal Appeals of Texas · 1913
- Hurst v. BensonCourt of Appeals of Texas · 1901
- Roberts v. StateCourt of Appeals of Texas · 1891
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