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The Texas Reports; Cases Argued and Decided in the Supreme Court of the State of Texas Volume 78

The Texas Reports; Cases Argued and Decided in the Supreme Court of the State of Texas Volume 78


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Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: The question was objected to by the defendant on the ground that it called for the opinion of the witnesses upon a matter involving a mixed question of law and fact. We think that the question was improper and that the objection should have been sustained. But in so far as the answer of the plaintiff was concerned no harm resulted to the defendant. He did not give a direct response to the question, but answered that the market value of the place was almost totally destroyed; that without a railroad it would be worth at a low estimate $4000, and its value was decreased from the causes enumerated from one-half to three-fourths of that amount. The result was the same as if the witness had been asked the value of the property before the railroad was built and afterwards, and the cause of the depreciation in value, if any, and had answered it was worth before the construction $4000, but since the construction was not worth more than $1000 or $2000, and the cause.of the decrease was the noise, smoke, and vibration caused by the moving trains. Neither the bill of exceptions nor the statement of facts shows the answers of the other witnesses to the question, and without knowing what the answers were we can not say whether the defendant was prejudiced or not. They may have answered that in their opinion there was no damage. We find no reversible error in the record, and the judgment is affirmed. Affirmed, Delivered June 24,1890. Motion for rehearing refused at Tyler Term, October 21,1890. T. J. GOREE ET AL. V. WlLLIAM NfiAL RAMEY ET AL. No. 3118. 1. Official Bond?Statutes Construed.?Under articles 3559 and 3522, Revised Statutes, a bond could be exacted by the Penitentiary Board of an Assistant Superintendent of the Penitentiary, conditioned that he faithfully discharge ...


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Product Details
  • ISBN-13: 9781458907110
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 364
  • Spine Width: 19 mm
  • Width: 189 mm
  • ISBN-10: 1458907112
  • Publisher Date: 05 May 2014
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 649 gr


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The Texas Reports; Cases Argued and Decided in the Supreme Court of the State of Texas Volume 78
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