Legal Opinion

Cammack v. Rogers

Court of Appeals of Texas

Decided June 3, 1903PublishedCited by 7 opinions

Appeal from the District Court of McLennan. Tried below before Hon. Marshall Surratt. Certified questions in this case were answered by the Supreme Court in Cammack v. Eogers, 96 Texas, 457.

1Opinion of the Court

FISHER, Chief Justice.

—There is evidence in the record which has a tendency to show that the crop of Johnson grass raised on the premises in controversy was lessened by dry weather, and that the failure of crop was not altogether attributable to a want of proper cultivation by the appellant. This evidence was based upon an averment that the shortage in the crop was attributable to a drought. Under this issue the appellant requested the following instruction: “You are instructed that if you find that defendant used proper diligence as explained herein, in the management and cultivation of said…

2Cited by7 opinions

  1. Marvin Drug Co. v. CouchCourt of Appeals of Texas · 1939
  2. Gray v. TaylorCourt of Appeals of Texas · 1940
  3. Dougherty v. LooneySupreme Court of Oklahoma · 1923
  4. Bussard v. BinderOregon Supreme Court · 1977
  5. Turner v. McNuttCourt of Appeals of Texas · 1946

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