O'Barr v. Duncan

Atkinson, Presiding Justice.

1. The ground of the motion for new trial which contends that a portion of the court’s charge therein referred to was not adjusted to the plaintiffs’ contention as made by the pleadings and evidence, when considered in connection with the entire charge, is without merit.

2. A charge which in effect instructs the jury that an easement appurtenant created by deed passes with the dominant estate, although the conveyance thereof may not have expressly mentioned the easement, was pertinent to the issue, and stated a correct principle of law. Stovall v. Coggins Granite…