1. law, govt and politics

LAW
BOOKS
TO
AND
HOW
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USE
BY
JOHN
C.
OF
Author
PLEADING.
TOWNES
TEXAS
of
ELEMENTARY
AMERICAN
ON
and
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AND
THE
CIVIL
STATES
UNITED
IN
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CONTENTS.
Page.
Preface
vii
Introduction
ix-xi
CHAPTER
of
Evidences
Law
Law.
the
for
Necessity
Books
ONE.
of
Proof
as
Classification
Evidences
of
of
Law
of
Written
the
4
Law
5
TWO.
Law.
In
Included
What
the
1
Books
CHAPTER
Books
Law
the
8
Constitutions.
Federal
10
State
14
17
Statutes
General
Special
and
18
Federal
18
State
19
Contents
of
Reprints
Annotated
Session
Laws
Compilations
Statutory
Private
20
Books
Statutory
Publications
of
Statutes
Statutes
21
23
of
Statutes
26
26
27
Treaties
28
Ordinances
29
Contents.
iv
CHAPTER
THREE.
Page.
of
Books
Unwritten
the
Law.
Enumeration
30
of
Reports
31
Reports
Court
31
'.
Decisions
Court
32
Decisis
Stare
A
Decisions
34
of
Volume
Oflcial
38
Reports
Unofficial
39
Reports
of
Reports
Cases
Selected
of
Report
The
37
Reports
Case
a
41
Opinions
Dissenting
Distinction
44
Opinions
Majority
Several
40
Between
What
Is
Ratio
Decidendi
45
Opinion
the
and
Decision.
Decision
the
45
46
47
Dicta
47
What
of
Parts
Effect
of
Opinion
an
Decision
are
Authoritative.
Jurisdictional
on
48
tions
Ques48
Examples
50
Broader
Language
of
Judgments
than
of
and
Establishment
Elements
FOUR.
Principle
of
of
Court
Reputation
of
in
in
the
the
Arriving
Conformity
to
Unavoidable
60
Case
61
Reported
a
Deciding
of
60
Precedent
Value
Reputation
Care
57
Authority.
Precedent
The
54
Courts
Appellate
CHAPTER
Tests
Issues
the
the
Case
65
Court
66
Judge
at
67
Decision
Precedent
67
and
Principle
68
...
Contents.
v
Page.
of
Discussion
Conflict
Precedent
Precedent
Between
70
Principle
and
Principle.
and
72
.
of
Effect
74
Precedent
Instances
of
Author's
Views
of
Disregard
Precedent
to
as
75
Precedent
and
ciple
Prin76
Elements
of
in
Value
a
Decision
in
a
lar
Particu77
Case
of
Relation
the
Is
Relation
ion,
Opin-
Before
Which
the
Cited
78
Between
Opinion
the
Delivering
Court
the
to
Case
Court
Court
the
and
Rendering
Questions
the
the
Decided.
80
.
Cases
Directly
in
Point
and
CHAPTER
Books
of
Decisions
of
Legal
Cases.
81
FIVE.
Unwritten
the
Analogous
.
Law
Resumed.
Tribunals
not
Courts
83
Digests
Use
84
of
Digests
88
Authorities
Finding
From
a
Particular
Case.
89
.
of
Citations
Different
Kinds
Books
91
Of
Dictionaries
Law
93
Text-Books
93
Mechanical
Features
Preface
94
95
Table
of
Contents
95
Table
of
Cases
96
Text
96
Foot-notes
98
Index
98
Encyclopedias
Law
92
Magazines
of
Law
99
101
1
Contents.
vi
CHAPTER
Cases
for
Analysis.
Questions
McCoy
Railroad
to
vs.
Co.
vs.
Railroad
Co.
Railroad
in
Answered
be
State
Evansich
Dobbins
SIX.
vs.
Co.
Co
Edwards
Railroad
vs.
102
122
Railroad
vs.
Case
105
Stout
vs.
Each
Co
Morgan
135
i^
138
147
158
APPENDIX.
Partial
Legal
United
States
United
States
Bibliography.
Statutes
Reports
169
170
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7
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out
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CHAPTER
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What
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Included
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regarded
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lished
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WRITTEN
In.
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Books
Here,
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States.
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Constitutions
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9
Law.
American
the
peculiar
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social
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Books
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explanation
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But
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forth
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regarded
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The
ment
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England.
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books.
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enacted.
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France,
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Mr.
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American
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Books
Constitution
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Independent
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purpose
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11
Law.
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declared
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revolution.
amendments,
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have
been
Law
14
examine
will
Books
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Constitution
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Constitutions.
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England,
15
Law.
Written
the
until
Constitution
1842.
State
Each
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forth
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Law
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provides
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Law
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biennially,
meets
in
States
several
in
of
most
in
number
has
are
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special session
power
when
by
Stares
the
few
only
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passed
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meets
in every
once
to
the
call
the
public
20
Law
interests
Books
thought
are
sessions
the
matter
any
it
session,
it
to
from
confined,
to
a
in
which
in
only
with
in
points
special
cases
practice.
and
the
of
Statute
in
relatively
kind.
same
of
books
needs
he
finds
it, he
and
in
on
containing
books
what
as
easy
carried
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in
will
own
them
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and
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legislation
Statutes
the
and
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ally
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equipped
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he
knows
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understands
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ticular
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find
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the
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legal
so
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States
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be
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therefore,
He,
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mitted
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matters
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Statutes
need
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extent,
practice
the
will
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ordinary
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This
large
very
the
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message.
Legislatures
Fortunately,
great.
State
the
by
very
the
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statutes
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States.
by
lar
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tution
Consti-
the
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legislate
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require
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him
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Them.
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to
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not
of
How
and
other
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to
when
find
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to
vestigate
in-
States.
Books
Law
22
of Session
Contents
They
consist
the
that
they
general
enacting
of
its
laws
office
of
general
Act.
of
The
number
bill
introduced
bill
{zeneral
enable
of
the
as
passed.
idea
all
it
of
persons
the
bill
shall
with.
be
Next
after
preceded
dealt
is
by
session
Next
the
to
in
this
its
comes
caption
the
of
to
of
give
a
second
whether
has
the
title
or
first
the
the
follows
bill, and
that
by
second
the
heading
judge
the
Senate
means
is important,
of
in
shown
usually
enacted.
brief
a
with
the
the
record
of
at
is
the
several
the
was
requirement,
out
of
law
interested
set
in
this
body
Constitutional,
different
that
was
This
the
2, which
This
Act.
contents,
No.
Senate
the
of
State.
is
bill
B.
showing
which
of
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and
;
appearing
matters
the
S.
in
at
the
of
thus,
two,
Legislature
and
at
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at
appear
copies
usually
of
identity
Bill
same
Secretary
Acts
these
abbreviations,
t\\e
the
which
where
enacted
as
time
table
a
which
by
Legislature
and
to
correct
volume,
convened
of
matters
and
statement
caption
was
page
true
themselves
Each
the
the
and
(3)
the
them
the
State
the
place
(2)
briefly the
relate
of
ing
show-
page,
in
the
;
the
;
adjournment;
very
volume;
special
session
Legislature
laws
the
the
title
a
contained
or
passed
giving
in
laws
were
date
of
(1)
the
enacted;
are
which
the
of
nature
Them.
Use
to
Lwws.
usually
is, whether
they
How
and
or
purpose
been
enacting
to
not
of
plied
com-
clause.
Books
Then
of
follows
one
or
a
of
of
same
is
These
the
After
they
laws
if
there
of
session
the
Legislature
are
these,
Following
there
no
are
of
Secretary
of
this
information
the
The
various
the
Special
separately,
laws.
volume
as
State
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to
as
book
nor.
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the
passed
book,
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at
inserted.
after
the
of
the
ticity
authen-
and
correctness
if
laws,
certificate
the
to
where
to
look
giving
to
dealt
with
enacted
are
matters
find
in
detailed
more
the
enactments
book.
the
This
volume.
Laws
following
Sometimes
the
index,
an
comes
as
completes
comes
law
publication.
the
After
resolutions,
in
The
the
by the
any,
lication
pub-
each
in
included
immediately
or
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to
on
bill
the
with.
regard
be
two
with
on
dealt
acted
are
the
concludes
arranged
thus
are
joint resolutions,
the
on
which
all the
usually
are
of
each
completes
in
of
number
Governor
being
through
gone
in
Then
be.
the
to
This
law
consisting
may
record
the
law.
a
laws
in
order
the
of
action
particular
process
passed.
in
the
case
bill
23
law,
or
as
the
and
passage
the
bill
the
as
against
it became
when
and
the
Law.
statement
a
and
final
statement
of
sections
for
on
Written
the
body
follows
cast
Houses
the
more
frequently
votes
of
general
the
order
same
these
laws,
usually
are
in
as
with
in
printed
which
case
published
the
the
it
eral
gensame
is
cus-
24
Law
first of
the
How
and
all
place
to
ternary
the
Books
the
and
Them.
laws
general
volume
Use
to
follow
to
in
consecutively
these
the
with
special laws.
Statutory
In
the
and
it
of
course
become
takes
the
it
Compilations,
law
is
last
at
cnlties, the
laws
and
Statutes
or
for
as,
is
likely
by
further
are
the
giving
in
in
diflSthese
body
one
Revised
from
distinguished
their
publication,
Statutes
Revised
**The
instance,
when
of
usually.
of
year
trace
these
revision
for
called,
are
and
obviate
Statutes
all
to
inconsistent
be
To
of
that
so
subject, and
to
provide
books
Codes
another
one
it
accumulate
patience
and
particular
any
publication
These
Acts
cumbersome,
and
time
States
several
code.
or
Session
confusing.
and
the
of
on
found,
respects
some
deal
great
statutory
these
voluminous,
very
a
time
of
Texas,
1895.''
These
The
States.
sion
revisions
to
go
obsolete
makinsf
be
tho
and
a
such
codify
as
a
reports
proposed
to
body
inconsistent
in
commission
forr'"' of
whole
suggestions
direct
by
is
and
arrange
incorporated
The
the
over
made
method
usual
and
all
are
appoint
of
new
ments
enact-
clearing
them,
matter
the
commis-
a
statutory
provisions,
to
of
authority
away
in
and
that
tion
addishould
Code.
the
result
revisioTi
of
of
the
its
labors
Statutes
in
to
Books
op
such
takes
action
has
recommendation
work
intelligent
the
by
that
make
such
as
made
and
These
Statutes
of
Code
the
Each
of
these,
and
The
into
into
Codes
usually
the
and
chapters
of
arranged
topic
with
arranged
alphabetically.
Codes
with
and
into
Procedure.
Statutes
of
and
Criminal
of
treating
titles
are
paragraphs,
Criminal
to
in
the
with
the
to
differs
titles
titles
The
reference
divided
into
these
reference
of
Criminal
These
alphabetically,
treated;
ions,
divis-
sections.
the
subject-matter.
and
these
of
Usually
great
title
law.
into
arrangement
arranged
of
the
frequently,
very
are
are
of
is Law.
Code
the
part
which
Civil
titles, each
subdivision
general
the
title
not
is divided
revisions.
Statutes
to
and
order
different
Criminal
may
revision
the
of
Law
for
in
or
a
is the
and
usually
Criminal
divided
then
and
as
basis
a
two
is
is, the
general
some
Law
It
of
Code,
or
The
save
entirety
Legislature
consist
this
Legislature
fit.
that
of
Procedure
its
latter
Codes,
and
The
sees
the
The
Criminal
these
Code
the
it
as
sees
effect,
or
it in
Statutes
Code.
or
fit.
force
usually
Civil
the
it
as
body.
by
revisions
and
Legislature
additions
enacted
Legislature
report
adopt
or
25
Law.
the
no
to
reject it entirely
or
the
on
revision
proposed
of
session
subsequent
some
Written
the
titles
Civil
reference
chapters
a
in
in
the
proper
vision
subdi-
in
inal
Crim-
the
Procedure
subject-matter
are
and
Law
26
These
Books
revisions
with
a
codes
when
from
Statutes
copyright.
have
the
placed
editions
of
are
Statutory
One
the
is
the
Session
of
the
Acts,
by
tificatecer-
law
of
the
general
as
covered
not
are
interest
of
been
and
Statutes,
viduals
indi-
private
by
to
widely
and
have
the
out
gotten
by
public
restrictions
few
publication
statutes
common.
very
Reprints,
kind
binding
of
these
reproductions
main
the
order.
as
items
is
publications
together
State, putting
the
in
authenticated
and
the
to
of
the
chronological
are
records
possible,
the
record
a
case
of
Each
manner.
in
quently
fre-
of Statutes.
it
around
fullness, but
times
some-
officer.
public
as
and
always
are
knowledge
distributed
and
copies
As
indexed,
made
office, as
that
are
is
adopted
Publications
Private
always
accuracy
State's
official
the
are
Them.
Use
to
unsatisfactory
very
of
Secretary
and
codes
or
considerable
in
these
How
and
of
the
acts
These
the
of
a
various
of
the
of
cost.
The
several
material
of
sessions
in
inexpensive
and
editorial
reprint
acts
session
relatively
are
price
simple
printing
work
is very
little.
These
of
new
books
are
rights that
valuable,
may
not
arise, but
so
as
much
helps
as
to
a
basis
determine
Books
what
when
period
marital
and
has
is
the
force.
in
property
rights of the
The
the
example
be
compelled
in
1850,
to
It
questions.
of
which
they
Another
of
in
some
always,
to
in
State
the
all
the
form
So
and
in
1850,
gently
intelli-
holding
He
as
past
law.
those
or
therefore,
the
pass
statute.
cast.
was
tinue
con-
place
Statutes
the
shares
will
in
to
ute.
stat-
would
they
existed
many
other
in
desirable
for
statutory
ments
enact-
in
the
a
order
in
passed.
were
Statutes.
Annotated
Statutes
to
descent
access
took
present
the
to
rights
parties
of
dies,
respective
lawyer
a
the
back
go
is
have
his
of
the
the
when
to
for
the
property
change
inheritance
rights
under
them
lawyer
this
under
statute
a
These
subsequent
any
impossible
the
on
under
If
:
be
might
by
their
erty
prop-
after
according
them.
real
continue
owning
in
force.
vested
example,
heirs
heirs
in
vest
property
unaffected
For
his
during
in
to
once
do
person
to
passes
were
when
For
A
statutes
relating
often
and
may,
27
vested
those
repealed.
been
descent
it
respective
relations,
law,
existing
law
of
the
Law.
became
and
rights, particularly
Many
an
Written
the
existed
rights
legal
the
op
form
is known
all the
which
in
current
systematic
as
private
Statutes.
Annotated
statutes,
order,
individuals
compiled
usually
an
publish
These
and
sist
con-
arranged
alphabetical
ar-
Law
28
Books
or
of
section,
or
section
a
a
passing
the
done
labor
is of
and
kind
Revised
latest
Statutes
of
the
appropriate
places,
If
Statutes
the
since
held
interval
long
a
Revised
often
If
enacted
have
such
in
into
the
at
the
enactments
the
at
the
Revised
the
them
putting
is
there
incorporating
by
this
lawyer.
busy
statutes
statutes
the
in
statutes
new
the
State, the
acts
Statutes
Annotated
together
of
date
the
the
between
elapses
by
last
put
the
to
the
by
or
of
since
respective
the
Statutes
end
as
appendix.
an
are
Legislature
and
time
the
to
erly
prop-
saving
State.
the
either
book
when
annotated
of
the
included
are
body
these
published,
were
sessions
of
of
in
to
and
statutes
annotation
advantage
Statutes
sessions
been
the
thoroughness.
basis
the
subdivision
construing
of
part
article
each
each
cases
indispensable
almost
Usually
the
Such
immense
insuring
are
all
particular
refers.
note
under
after
even
citing
note,
Them.
Use
to
placing
sometimes
that
on
which
title, and
by
rangement
How
and
a
of
the
bringing
and
Legislatures
published
were
supplemental
of
issuance
cluding
in-
volume,
notes
down
Supplement.
Treaties,
Under
our
can
and
treaties
be
Constitutions,
made
between
only
the
by
treaties
the
States
with
Federal
are
foreign
tions
na-
Government,
forbidden.
Strict-
"i
Law
30
legislative
the
Books
body,
These
city
Written
and
they
class
present
ordinances
such
How
and
books
of
written
are
Written
are
are
to
hence
and
in
come
Laws.
published
frequently
included
Them.
Use
in
the
books
by
of
the
the
J
Law.
i
CHAPTER
BOOKS
THREE.
THE
OP
UNWRITTEN
LAW.
Enumeration.
There
this
various
are
of
books
which
The
designation.
general
them
kinds
under
come
of
important
most
are:
Decisions
of
Reports
of
Tribunals.
Governmental
Digests.
Various
of
kinds
citations.
Dictionaries.
Text-Books.
Encyclopedias.
These
to
each
such
would
classes
be
the
to
thus
There
those
of
number
are
on
of
as
the
particular
different
the
also
which
giving
a
number
the
advantageous.
most
all
the
are
these
student
of
student,
of
blank
under
made
useful
also
reports
pages
the
ably
reason-
a
be
not
ested
inter-
directly
will
these
will
and
Courts,
sets, and
kinds
in
included
Federal
of
giving
order,
impracticable,
enumeration
appendix,
as
a
altogether
Reports
above
books
the
However,
complete
an
all
the
seems
as
of
undertaken.
in
in
treatment
enumeration
An
be
consider
will
we
in
tion
informa-
illustrating
exist.
that
in
the
direction
pendix
ap-
of
Books
Law
32
his
instructor,
Statutes
which
he
first
be
designated
of
of
of
of
Court
the
study
judicial in
not
strictly of
others,
of
this
in
are
the
Commission,
or
instance,
Patents.
far
by
are
unwritten
they
in
these
keys
able
valu-
most
It
even
may
instances,
many
other
the
are
the
law.
and,
in
value
that
for
tal
governmen-
included
be
Commerce
the
of
are
well
principal
the
is
first
will
of
kinds
aid
to
and
of
Decisions
this
and
Reports.
the
courts
study
consider
the
Reports
of
Reports
of
the
America,
very
adverting
briefly
American
and
to
only
series, if
at
of
practically
courts, confining the discussion
various
English
the
of
law
tribunals
such,
law,
unwritten
the
of
may
of
books
Tribunals.
Reports.
We
to
he
as
decisions
are
Interstate
books
facilitate
the
the
element
of
these
legal tribunals
that
only
class
of
the
the
said
the
in
short,
bibliography
of
of
there
Commissioner
the
Reports
be
of
records
books
Eeports
of
legal
books
reports
though
whose
class,
the
Most
nature,
class
of
class
tribunals.
this
in
State;
own
a
Constitutions,
the
of Authoritative
of Decisions
The
their
of
fit.
Reports
may
his
such
make
may
see
may
of
Them.
Use
to
lists
enter
can
Reports
and
How
and
and
England
as
all.
an
aid
to
Books
The
the
books
opinions
Reports
of
the
Court
common
has
two
law
of
decisions
First, the
In
and
issue
decision
this
as
rights
their
the
to
as
the
between
t
res
This
in
the
and
the
are
and
judgment
and
adjustment
of
limited
By
parties
is
their
can
are
not
the
the
matters
privies
in
of
these
settled,
opened
as
to
estate
judgment,
usually spoken
the
effect
their
again
of
aspect,
conclusively
be
are
litigating
the
this
in
gation.
liti-
the
to
and
In
suit.
involved.
adjudicaia,
parties
concerning
and
court
rule
whose
reviewed
be
liabilities
in
these
larly
particu-
tribunal.
decision
and
privies
the
is
court
a
:
litigated
matters
them.
of
issues
other
by
is, courts
to
adjudication
judgment
before
any
the
them
jurisprudence
This
that
resort,
between
aspect
the
aspects.
subject
as
conclusive
and
issues
and
taining
per-
hearing
decision
every
not
are
decision
between
parties
by
aspects
respective
parties and
last
and
aside
two
final
of
final
set
or
These
and
countries,
courts
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revised
the
matters
their
in
and
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so
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intelligible.
ideas
law
common
of
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and
reported
opinions
the
other
such
in
delivered
courts
of
records
published
Decisions.
Under
a
with
cases
make
to
respective
33
Law.
the
are
together
the
to
Unwritten
the
of
cases,
tend
of
the
tween
betrine
doc-
34
Books
Law
Second,
suit.
for
precedent
of
and
rendered
imperative
the
what
of
be
of
is
in
the
as
to
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doctrine
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but
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fol-
the
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the
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and
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course.
are
suit, while
the
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decisis
is
concerned
because
to
Similarity
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the
to
the
extent
of
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point
other
hand,
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topic,
our
policy
out
thus
decisis,
within
directly
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have
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extent
doctrine
the
st""re
with
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it
On
matter
required.
With
confusion.
doctrine
application,
cases
and
ters
mat-
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mention
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the
The
in
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is sufiKcient.
plies
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law
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limitations.
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force
the
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it is with
of
decisions
mining
deter-
precedents,
as
that
precedents
as
rules
important
most
value
and
35
Law.
Unwritten
the
of
some
the
and
of
we
now
are
dealing.
Doctrine
Mr.
be
to
points
same
the
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law
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on
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by
in
Broome,
speaking
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Decisis,
of Stare
is,
nounce
prothe
haps,
per-
doctrine
36
Law
of
area
the
when
the
private
matters
of
to
overrule
their
R.
R.
precedent
in
C.
J.,
Bleckley,
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majesty
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duty
rule
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Ga., 696,
says
of
decisions.
previous
87
adhered
rights
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The
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Later
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Books
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at
regarded
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38
Law
offered
tact
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Volume
made
of
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opinions
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They
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United
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39
Law.
Ui^wbitten
the
and
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In
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Law
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ferent
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Cases.
have
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41
these
publishers,
several
of Selected
far
Law.
Unwritten
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the
by
the
Reports
So
op
Some
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tations
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best
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Law
42
The
Books
Report
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ease
43
Law.
customary
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Law
44
ion
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Law
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Books
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all
Often
the
of
but
setting
judges
as
Distinction
From
what
is
there
case
Between
and
perfect
real
the
accord
the
has
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in
to
that
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the
case
In
such
ment,
judg-
the
reverse
others
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on
opiniona
two
the
an
of
and
point.
and
same
result,
in
concurrence
different
of
views
the
reversal.
Opinion
said,
between
of
by
Some
think
but
announcing
difference
decision
for
circumstances,
been
illustrate,
taken
ground,
one
for
reasons
well
vote
the
out
To
assigned
second
the
judgment
the
the
to
such
each
reversal
that,
on
under
down,
view,
that
rendered
be
to
judgment.
a
is
would
judges
acting
handed
are
this
on
infrequent
not
reversed
be
reversed
the
of
of
number
greater
reasons
point
one
Case.
doing.
so
reversal
from
some
other.
the
in
engaged
decision
distinct
the
is
the
for
should
judges
case
in
two
think
the
It
case.
a
One
still
a
reasons
for
in
are
agree
be
may
appellant
a
in
different
there
judges
the
Opinions
there
judges
have
all
Them.
Use
to
case.
Majority
opinions
How
and
it.
well
and
it
the
is
the
These
considered
Decision.
manifest
opinion
should
cases
that
in
be
a
in
and
Books
always
written
not
only
and
the
of
and
broad
in
authority
fully
stated
be
or
given
not
at
declared.
both.
upon
or
the
all, but
this
Frequently
inducing
the
court
to
and
the
other
matters
case
individual
the
are
enlightening
and
is well
Is
The
of
decision
conclusions
court,
in
the
the
announce
of
worthy
is not
is the
arrived
the
It is those
the
of
of
always
are
reasons
in
the
opinioif
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the
and
vigorous
a
involved
matters
study,
serious
most
only
preparing
is
the
are
the
in
judge
the
they
raised
points
out
set
but,
fortunately,
un-
true.
Decision?
determining
case.
the
opinion
presentation
this
What
the
results
or
contained
of
work
be
may
expression
decide
Sometimes
opinion.
result
court
principle
Sometimes
briefly.
very
the
upon
They
the
beyond
go
based
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court,
statementii
leading
reasons
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incideptal
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by
at
is not
showing
court,
illustrations,
The
decision
the
opinion
but
principles
etc.
case,
the
by the
doing,
so
general
but
arrived
arguments,
as
the
make
or
for
reasons
such
issues
conclusions
this
are,
seen,
filed
47
Law.
they
have
we
instrument
the
matters,
to
As
true.
entire
opinions
prepared
carefully
Unwritten
the
op
final
conclusion,
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and
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portions
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it may
be
announced
issues
series
by
presented
of the
opinion
of
court
the
the
to
it
which
on
the
Law
48
questions
strictest
of
use
reasoning
or
but
final
it
by
point
in
than
before
As
of
court
parties
for
the
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It
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to
of
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court
defined
briefly
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the
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submitted
might
in
expressed
as
and
matters
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announced
court
Ratio
declared
law,
by
case.
Decidendi,
The
which
the
of
rule
adjudication.
the
as
to
as
decision
the
conclusion
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at,
and
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frequently
most
reasons
arrived
decision
The
the
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stated,
is
opinion
the
in
the
result
law
the
is.
is
but
the
of
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points
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to
up
include
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conclusion
as
opinion,
the
does
term
presented
as
decision
The
case.
leading
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only
the
parties
the
the
Them.
Use
to
between
in
record
How
and
issue
at
the
by
Books
decidendi
ratio
rule
the
legal spirit
is
in
announced
or
reason
the
principle
the
of
decision
for
the
decision
an
opinion,
or
law
is
on
based,
decisions.
Diota.
All
other
of
law
of
the
or
underlying
or
matters
in
legal principle
case,
or
the
not
principle
to
in
involved
application
any
of
whether
the
other
the
a
decision
declared
issue
rule
or
rule
state
Books
fact
of
the
hypothetical
or
court
What
Parts
It
of
is
made
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subordinate
courts
principle
that
binding,
but
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of
principle
the
the
doctrine
of
part
latter, lest the
Dicta
less
is
hence
persuasive
rests
is
imperative
according
the
case
than
especially
too
far.
but
is
the
or
more
of
circumstances
as
fear
resulting
a
courts,
the
difference
uncertainty
authority,
to
tain
sus-
is broader
extended
be
precedent
not
every
and
the
on
equally
does
more
announced
and
be
principal
decision
as
seems
to
cases
almost
there
counsel
never
the
in
that
It
ought
The
extent.
the
and
exact
the
on
decidendi
of
fact
the
which
on
decision
to
full
the
decision.
the
other
decision
the
a
the
all
in
imperative
in
which
in
court
rendering
examination
to
out
grows
in
ratio
the
the
is
way.
decision
the
that
in
that
to
involved
law
the
hands
and
the
by
spoken
Authoritative?
are
persuasive
before
then
not
cases
words
"
all
on
highly
decision
dicta
or
Opinion
an
is conceded
case
to
obiter
are
case
49
Law,
Unwritten
the
of
the
case.
Effect
It
of
a
Decision
sometimes
that
over
within
the
4
to
as
that
occurs
the
the
court
in
power
the
which
The
case.
court's
Jurisdictional
in
record
it is filed
suit
to
Questions.
may
hear.
be
Or
a
has
of
diction
juris-
no
a
if the
closes
dis-
case
kind
suit
not
be
50
Law
within
one
the
the
court,
act
made
of
revision.
but
will
dismiss
Such
In
regard
Court
in
the
to
of
cases
the
over
be
can
be
not
can
in
as
the
to
the
pass
legal right
the
scope
of
court
has
least
the
imperative
consider
to
its lawful
the
any
question
is involved
duty
which
case
of
in
and
right
it
is
try
a
On
is
Jurisdiction
every
not
of
power
No
a
not
the
other
to
arises
to
has
court
case
its
application
volved
in-
jurisdiction,
refuse
within
the
arising
matters
the
so.
to
to
as
but
do
authority.
legal
true
or
own
to
ered
deliv-
to
its
of
diction
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no
relating
within
only
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consequently
jurisdiction,
questions
on
the
So
is not
It
Appellate
opinion
be
not
lower
argued
and
would
merits,
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the
the
jurisdictional
the
to
in
right
Court
its
tliat it has
case
of
the
jurisdiction.
been
decision,
the
question
applied
it has
This
in
to
of
by
nothing
as
neglected
of
want
concludes
authority.
it is its
determine
kind,
regarded
but
no
decided
case,
record.
court
points
involved
questions
sound
appeal.
this
in
on
judgment
the
the
finally
court
for
appeal
by
revision
to
case
the
to
Appellate
the
the
leaves
unaffected
court
have
instances
the
for
case
precedent
determine
judgment
a
on
such
jurisdiction
may
condition
a
and
hear
the
transcript
In
not
of
grant
Them.
Use
to
preparing
the
some
can
general
up
do
How
and.
party
bringing
as
Books
within
hand,
and
hear
jurisdiction.
upon
a
court
or
at
for
Books
relief.
This
court
the
of
them
authority
entitled
are
it.
by
court
to
from
What
the
whose
Is
Regarded
On
Reports,
follows
by
406
pages
and
Walker,
shot
the
facts
the
mules
not
us.
of
Properly
Dicta
Volume
of
report
a
of
liable
Be
May
of
37
Texas
the
short
very
case,
as
There
liable
is
this
no
f ov
that
action
own
the
presumption
a
shot
were
who
rule
is
growing
by
of
father
The
torta.
to
minors
were
general
case
ment
state-
it appears
but
who
As
as
;
the
inference,
by
they
sons,
their
from
appear
appellee
the
Deaton.
except
shooting.
the
in
not
case,
appellant's
of
are
this
D.
v.
does
attorneys
of
time
It
in
by
both
minors
taken.
Illustration,
Chandler
J.
of
conceded
or
tried
been
of It Are
the
to
was
has
What
pellate
ap-
:
"C.
**
every
case
appeal
and
dered
ren-
relating
the
Parts
407
the
given
is
What
Decision
OrS
Plainer
Made
the
judgment
of
power
which
tion
jurisdic-
decisions
questions
in
court
Opinion;
the
all
own
regarding
of
weight
the
its
the
conclusions
within
on
pass
of
jurisdiction
and
is also
It
full
the
to
its
the
therefore,"
may,
within
always
and
before
affecting
questions
are
court,
every
We
matter.
of
decisions
and
power
in the
decided
be
must
51
Law.
Unwritten
the
question
proceed
cai]L
that
say
of
presented
out
of
be
one
at
law,
la
to
the
52
Law
the
by
his
father
is
principal
or
anything
of
shown
have
if he
concealed
to
does
and
The
will
we
of
judgment
the
Reversed
This
the
case.
or
sons
of
sued
the
for
District
or
act;
or,
the
it to
been
have
criminal
a
cution;
prose-
whether
the
act
cealing
con-
so
as
before
it.
deciding
apd
is reversed,
Court
his
tion
ques-
record
the
far
of
This
damages.
understood
the
been
he
adopting
on
of
mules,
be
case
be
it
not
in
not
us
C.
all
we
know
this
Chandler
of
for
this
on
them
about
shot
the
to
D.
damages
shooting
recovered
and
facts
the
that
it is shown
had
belonging
Chandler
and
remanded."
From
mules
account
facts
liable
Had
might
act
and
in
and
gives
in
more
the
proof
counseled
doubt
some
as
no
Deaton's
in
that
shown
remanded.
cause
**
of
arise
not
Chandler
be
may
him
make
case.
liable
approbating
as
is
responsible
be
mitted
com-
implicated
offense, knowing
knowledge
regarded
us,
there
it be
there
shooting
might
tort
or
way
this
that
held
the
and
in
in
been
crime
a
some
and
trial
he
a
in
kind
sons
committed,
for
would
which
child,
child, unless
himself
the
might
as
minor
this
his
abetted
and
responsible
Them.
Use
to
parent
accessory;
on
sons
of
father
the
How
and
relation
domestic
hold
Books
and
judgment
by
the
in
son
two
or
Deaton
That
suffered
proved
minor
a
injured
Deaton.
issues
or
him
on
foregoing
the
lower
54
Law
mitting
minor
a
tort
was
is
them,
**As
a
own
torts.''
This
frequently
before
and
the
question
was
and
In
the
is
was
and
law,
the
The
the
the
the
rule
uncalled
be
point
belonging
shooting
mules
decided.
be
to
a
to
both
was
and
The
a
the
The
trine
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as
the
is
the
had
decided.
shot
all
with
jured
in-
and
probability
the
State.
the
and
case
connected
against
tort
cution
prose-
point
a
In
another.
The
criminal
by
boys
against
crime
which
announced
closely
very
tion
litiga-
torts.
as
a
for
regarded
is, however,
matter
mules
the
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but
dicta.
on
well
as
damage,
was
not
law
this
occurs.
crimes
although
expression
of
is
point,
case,
in
opinion
rule
the
this
court
the
their
proposition
of
dictum
for
one
can
of
include
hence,
consequently
the
another
to
civil
a
before
is
for
involving
decision
part
liable
sound
the
against
announced
are
cases
general
based,
is made
suit
not
this
stating
opinion
in
since
hence
law
perfectly
a
announced
both
of
the
neither
sought
was
law, minors
is
but
minors,
or
or
True,
tort.
recovery
of
whether
to
as
own
proposition
rule
general
his
minor
a
no
first
the
yet
by
sued,
was
for
Them.
Us"
to
decision
liable
committed
them
How
and
authoritative
an
not
of
Books
of
owner
The
father
,
was
him
for
rule
and
his
of
because
simply
sued,
the
wrong-doers.
defense
law
is
was
that
the
one
of
relationship
the
The
broad
person
principle
that
one
is
not
he
the
between
invoked
general
responsible
for
Books
conduct
the
of
of
Unwbitten
the
liability against
must
arises.
well
civil,
have
the
when
deciding
for
the
a
the
of
One
not
decidendi
the
on
the
facts
those
To
V.
of
the
and
to
facts
Fink
doin.ff work
et
under
which
in
hold
to
ing
trythat
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the
to
before
be
limit
frequently
it is
decision
dicta
and
used
case
on
the
and
the
the
direct
the
other,
such
In
court.
taken
ratio
decision
the
express
and
of
extent
effect
the
of
stances,
in-
the
ascertain
to
is
issues
the
case
issues.
In
al., 86
in
Issues,
must
and
illustrate.
thority
au-
ed
regard-
remainder
the
hand
issue
care
be
judge
point,
between
one
the
than
submitted,
to
The
not
dicta.
language
great
exact
liable.
distinguish
to
when
that
conditions
the
difficult
involve
Than
Broader
of
broader
did
to
liability
well
a
as
mind
in
criminal
induce
to
it
court
while
ease,
might
son,
the
shooting
parent's
the
minor
confessedly
Langufige
the
calculated
was
is
opinion
So
of
the
which
parent
alleged
the
case.
point
wrongs
case
of
duct
con-
liability
for
natural
force
en-
which
from
criminal
to
most
was
the
reasonably
as
the
it
phases
two
on
is
and
applies
to
another's
facts
special
This
legally
as
the
prove
seeks
for
person
one
55
whoever
and
another,
Law.
the
the
case
Texas,
discharge
of
303,
the
an
of
Bank
National
officer
his
who
official
was
duties,
56
Law
which
Books
would
the
portion
of
of
of
his
creditor
The
sued
the
court
of
this
State
for
such
beyond
two
respects,
salary
of
would
policy
also
and
within
to
the
This
the'
to
which
the
of
of
tendency
decision
of
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it
as
is
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peared
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rules
same
that
which
well
as
assignments
it
least
perfectly
was
So
arise
at
liens
and
altogether
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expected
un-
show
a
distinction.
it.
In
the
is based
such
the
than
the
statement
of
ratio
decidendi
voked
in-
of
example
an
broader
law
in
as
This
case,
any
enunciation
case
probability
might
lien
a
by law
given
This
fees, but
to
policy
fees, and
or
court.
both
to
is
the
opinion,
give
or
assignments
that
human
also
is
support
the
in
and
important
case
rule
the
salaries
range
and
of
apply
conditions
plain
as
record
the
in
fees.
well
part
*'
void.
it includes
as
the
from
:
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salary
lien
public
the
assign
to
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point
viz.
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or
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on
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lien.
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to
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attempted
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compensation
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public
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unearned
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and
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payment
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paid.
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policy
public
says:
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upon
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and
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Court
against
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How
and
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agreements
said
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principles
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impoverish
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Books
officer
and
thus
unfit
and
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duties,
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compensation
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duty
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held
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cution
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Would
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to
embracing
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to
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was
of
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and
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apply
share
and
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by
lawyer
zeal
57
Law.
already
would
commissions
collected
for
that
not
can
Among
are
on
in
salaries
apply
him
he
lose
Unwritten
the
op
of
Law
58
Books
of
Judgments
The
and
The
of
the
ratio
disposition
what
is
be
to
between
is
opinion.
It
follows
record
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further
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developed
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The
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out
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Sometimes
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ment
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matters
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and
judgment
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reversing
of
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and
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with
decision
the
the
in
in
trial
59
reversed
is
accordance
in
Law.
fact
judgment
further
conducted
be
of
matters
the
case,
Unwritten
the
to
as
another.
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and
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and
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FOUR.
CHAPTER
TESTS
and
Precedent
There
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part
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and
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Precedent
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Is
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decisions
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questions?
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AUTHORITY.
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Unavoidable.
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be
invoked
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actual
legal
actual
before
and
cases.
the
put
rights
lawful
forth.
It
62
Law
value
evidence
as
of
properly
and
Books
There
To
appreciate
we
should
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the
elements
when
judged
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63
Authority.
decision;
foregoing
elements
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decision
use
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of
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Tests
65
Authority.
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tics.
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books
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Law
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duct.
con-
law
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pernot
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law.
human
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conduct,
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and
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The
deals
courses
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form
justice,
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briefly yet
rules
rules
law
what
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democratic
a
idea
rule
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body
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morals.
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obeyed
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frame
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propriety.
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based
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enacted
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bers
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principles.
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back
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manifested
people
shall
such
at
to
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extent
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and
people,
by
of
effort
up
judge
and
the
larger
conscious
comes
the
understood
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of
out
selves
them-
established
be
to
purposely
grow
even
previous
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of
and
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ment
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are
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question,
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consciously
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community
rules
ethical
inevitable
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are
judgment
the
In
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by
large
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ment
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lives
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members
but
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them.
called,
government,
people.
best
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their
regulate
the
worst,
persons
obey
to
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common
of
of
popular
be
may
of
the
all
in
conscience
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law
government
and
to
Opinion,
of
source
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Authority.
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its wonderful
This
out
it
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elasticity
Law
72
Books
fitness
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authority
conscience.
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principles
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Justice.
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ideas
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and
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and
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people
any
slow
It
conditions.
here
absolute
the
ideas
have
peoples
in
is
matter
as
by
out
all
Them.
formulated
which
not
Use
to
and
peoples
conscience
common
ethical
How
and
ethical
legal
giants
first established,
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difficulties
precedent
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It may
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days"
equally
when
true
Tests
**the
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the
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further
law
the
and
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leave
the
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and
court
was
cept
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the
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people,
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differences
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clearly
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court,
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wrong.
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and
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ideas
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Authority.
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nounced
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question
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74
Law
be
to
80
Books
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cases
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property.
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and
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solute
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to
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deep
go
precedent
rule
first
another.
expediency
moral
doubtful
theories
of Precedent.
precedent
not
in
two
The
requiring
these
precedents
them
weight
do
law
courts.
relief,
unless
differing
under
The
that
be
never
written
assume
may
case
many
The
litigation.
injustice
and
cases
and
by
must
of
before
these.
are
obtained
known
rule
the
circumstances,
uniform.
stand,
courts
varying
practically
situation
be
of
statement
a
under
from
must
must
that
far
the
precedent
cases,
and
arisen
are
regarding
Them.
just given.
that
varying
Use
to
from
all
at
as
How
and
be
in
given
Tests
of Disregard
Instances
The
English
profits
splendid
it
sustain
precedent
regarded
of
rule
bad
slow
is
refuses
of
identical
with
announced
this, but
it has
these
latter
then
well
and
a
destroyed.
with
the
the
As
an
we
and,
cases
decisions
example
of
the
within
the
as
refuse
case
the
says,
in
there
inconsistent
to
before
this
a
limited
it
and
court
applicable
and
regard
hence,
other
An-
though
length
is
case
here
court
case.
court
pending
case
later
The
first
the
The
At
nounced,
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the
arises, the
first.
first.
is
which
to
clearly
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removed
rule
precedent,
the
that
so
decide
of
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first
bring
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in
finally denied,
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counsel.
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rule
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reasoning
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parture
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the
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view
attrition.
case
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to
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dent
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regulation
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analagous
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point
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matter
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give
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instance
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one
me
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this
In
to
do
to
in
sharing
property.
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rule
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injustice.
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matter
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court's
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question
partnership
of
sees
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on
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example
when
of Precedent.
cases
test
a
as
75
Authority.
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the
process
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it.
them
in
precedent
see
the
76
Law
Texas
Books
cases
Thus
principle
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ness
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ters
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and
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not
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the
precedent
to
the
is
rules
or
Precedent
there
thus:
known
so
which
through
But
become
may
change
a
which
there
of
perfection.
followed
be
which
in
of
should
community
3.
and
Principle.
principle
have
the
propriety
judge
the
and
procedure
which
cases
moral
I
precedent
goal
should
of
thereunder.
involved
it.
are
briefly expressed
by
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and
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be
Precedent
business
on
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may
Precedent
bound
doctrine, which
unattainable
the
Views
My
since
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encroaches
toward
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Author's
in
Them.
Use
to
hereafter.
given
law
'*Tum
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and
no
longer
to
follow
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standard,
Law
78
Books
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Court
of
Court
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to
in
the
value
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of
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opinion
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direct
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relations
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judgment
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judgments
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than
have
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courts,
them
courts
and
back
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79
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in
text
others
should
to
be
conveniently
body
foot-notes
ninth,
;
includes,
the
to
of
treatment
different
these
the
der
un-
in
places
included
all matters
found.
be
may
of
Many
the
in
references
heads,
appropriate
of
to
prepared,
properly
95
Resumed.
accompanying
or
which,
lengthy
too
are
the
index,
the
referred
matters
which
Law
Unwritten
the
receive
need
parts
explanation,
no
consideration.
some
Preface.
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of
Preface
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purpose
in
it is
prepared.
conception
from
the
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book
usually
of
its
make
explanation
of
and
gives
view
author's
which
author's
is the
writing
the
of
conditions
the
book
a
his
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plan
on
general
very
subject
of
and
desirable
publication
standpoint.
his
"
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of
Table
the
showing
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Contents
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As
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control
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over
and
ideas
of
of
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cates
indi-
Contents
it, his
systematize
thor
au-
power
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to
sev-
96
Law
eral
Books
It
parts.
is
scientifically and
properly
universally
true
is
the
unless
built
mind,
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as
been
it
so
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it.
upon
first
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the
subject
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it has
author's
that
book
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present
to
exhaustively
in
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to
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outlined
so
How
and
is
most
al-
of
tents
Con-
buying
law
4
books,
examine
well
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Contents
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and
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logically
.
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safe
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invest.
to
of Cases.
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is
giving
the
table
of
all
report
in
which
a
citation
with
the
to
reference
which
is
the
page
made
in
cited
cases
originally
each
in
the
book
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appears,
text-book
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pages
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phabetica
al-
order.
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men
them
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Text,
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points
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cases
a
were
knowing
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index
to
outline
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duplicate
book.
of
the
with
clothed
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tables
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body
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book.
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puts
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views
Books
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to
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it.
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him
books
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tion.
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text-books
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thought
scholarship
real
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profound
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some
original
found
legal
digests.
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truth
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except
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proceeds.
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laws
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contrast
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constructed
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of
hope
with
ahd
him
from
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brain
commercial
called
be
properly
his
of
book
a
97
authorities
personality
his
resemble
must
Unfortunately
may
it is
author's
the
child
the
and
reasons
If
command.
to
text
such
Resumed.
fortifying
treatment,
by
statements
Law
Unwritten
the
preparedness.
of
None
these
books
of
books
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direct
authority,
"
conclusive
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Torts
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vol-
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which
court
Cooley's
equally
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apparent
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characteristics
be
is
or
to
find
Pomone
98
Law
which
Books
would
need
not
Foot
Notes.
It is
the
attention
pay
be
for
usual
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citations
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law
figure
These
citations
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foot-notes.
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or
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condensed
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page,
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announced
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parts
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99
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half
loses
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of
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"
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"
to
1
"
"
"
SIX.
CHAPTER
QiLestions
order
the
to
of
with
of
series
to
be
the
required
of
the
six
cases.
to
and
this
hand
in
to
be
case.
1.
Style
of
2.
Date
of
3.
Court
4.
The
5.
Court
6.
Who
was
7.
Who
was
8.
On
the
Defendant's
each
cases,
each
each
case
a
should
to
to
of
six
student
answer
to
as
nection
con-
form
by
Each
applied
as
in
the
is followed
pages,
one
of
studied
the
:
opinion.
judge
what
in
written
a
answered
decision.
rendering
in
considered
given
tice
prac-
foregoing
the
students.
questions
several
Questions
is
into
putting
be
to
case
by the
analyzed
covering
points
each
in
in
presented
questions,
be
facility
acquire
Case.
Each
in
Answered
doctrines
outline
an
Be
to
ANALYSIS.
FOB
CASES
In
"
"
"
"
"
the
writing
which
litigation
plaintiff
in
defendant
facts
three
opinion.
did
points:
wrong;
lower
in
the
begun.
was
court?
lower
court?
plaintiff base
first. Plaintiff's
third, The
his
claim,
right;
consequent
ond,
sec-
age?
dam-
Cases
On
9.
his
what
10.
the
of
tions
What
13.
For
the
did
plaintiff base
points?
in
joined
the
lower
the
whom
were
court?
hold
court
how
and
lower
lower
court
find
the
lower
court
did
and
extent
points
of
nature
What
14.
the
the
the
on
ques-
law?
12.
and
did
103
did
issues
presented
What
law
three
the
were
questions
11.
these
on
How
of
points
contention
Analysis.
foe
of
the
be
to
give
?
judgment
awarded?
remedy
arose
in
points
made
practice
facts
the
trial
the
Court?
15.
How
lower
for
reserved
court
different
the
were
submission
the
to
in
the
Appellate
Court?
16.
to
How
the
or
the
the
19.
to
the
20.
the
facts
the
What
presented
were
Error
in
the
trial
the
by
court
lant
Appel-
Court
Appellate
was
on
was
these
for
of
the
points
was
appellant's
the
of
these
reply
of
Appellant
as
the
Appellant
as
points?
by
Appellee
to
each
of
law?
reply
contentions
the
points?
contention
the
each
of
contention
of
each
on
What
the
decision?
the
the
was
What
from
reversal?
Appellant's
21.
of
What
law
in
of
purpose
18.
to
points
Plaintiff
carried
case
rendering
court
What
17.
the
was
by
as
the
to
Appellee
the
facts?
to
each
Books
Law
104
What
22.
of
these
What
of
each
law
the
was
the
of
and
of
the
court
given
the
each
on
respectively?
reasons
holdings
the
by
court
on
for
court
each
point
does
the
of
fact?
What
24.
the
were
of
fact
and
Them.
Use
to
holding
law
of
points
23.
How
and
principle
principles
or
case
teach?
25.
What
26.
What
the
Does
The
the
first
of
nicety
of
the
why
?
ing
render-
court
the
cases
decisions
the
to
of
points?
the
for
given
of
clearness
the
as
of
subject
which
analysis
its
lected
se-
was
and
statements
children.
of
the
owner's
cases
his
something
more
or
than
a
relieve
gradually
series
liability
premises,
kept
ordinary
by
process
effect,
binding
supposedly
on
the
measure,
five
by
is
a
last
injured
thereon
in
precedents,
their
from
imintentionally
to
same
change
chosen
owner,
conform
illustrate,
to
themselves
enticed
of
judgment
the
of
courts
the
dicta, and
are
distinctions.
order
which
on
opinion
decision
on
because
have
the
was
cases
In
the
opinion?
27.
other
of
parts
we
of
opinions
to
children
after
there
being
by
attractiveness
the
Cases
THE
SUPREME
COURT
CORNELIUS
McCOY
25
from
granted
him
the
by
the
on
Hon.
1860.
indictment
for
County
of
evening,
of
the
present,
McCoy
Dr.
since
the
to
any
reply
Brantley
him
corpus
before
tried
bail, after
for
their
as
to
for
there,
to
speak
damned
they
out
had
he
faces,
his
not
store)
that
and
and
friend,
House.
if
then
Dr.
to
joining
ad-
About
in
fifteen
about
by
some
one
the
way
my
he
had
been
that
remaining
been
did
tend
in-
not
not
they did, he
they
that
near
did
and
he
the
pavement
intended
had
reason
him,
:
in
house
a
was
here
Monroe's
to
in
made
and
closed
dis-
previous
the
on
**That
evening,
facts
prisoner,
present
killed
in
hour
an
remark
a
the
the
Keyser
being
evening;
next
go
walked
Baltzell,
The
billiards
the
as
to
1859.
of
playing
was
yesterday
of them
spit in
and
David
that
remarked,
(pointing
comer
D.
showed
hotel, there
In
until
habeas
prisoner
of
A.
known
party
p"irsons.
here
the
murder
been
hotel,
the
sunset
friend
of
Jones,
three-quarters
killing, had
front
of
the
record
about
the
at
Fielding
Gonzales,
the
by
the
writ
a
on
found.
Indictment
the
,33.
Texas,
application
STATE.
THE
vs.
Gonzales
TEXAS.
OF
Galveston,
Appeal
105
Analysis.
for
could
Brantley.''
want
would
der
mur-
After
106
a
Law
friends
in
''the
his
remarks
Monroes
he
Baltzells
would
rather
them/'
and
tell them
to
there
William
been
William
invited
sup
with
him
him,
latter, and
Baltzell
and
and
made
a
motion
speak
to
they
could
Baltzell
came
his
was
go
came
by
Baltzell
of
door, when
the
ably
probWhen
Brantley,
McCoy,
and
sign towards
that
one
side
the
;
to
tion
Informa-
hotel.
the
up,
clined
de-
was
Baltzell
at
David
brother,
hotel.
the
with
up
invitation
David
stepped
or
he
friends,
entered
bench
a
around,
walking
to
and
that
he
and
Logan
after
looked
they
''that
diflSculty
a
on
derers,
mur-
and
than
which
to
be
sitting
any
that
said."
he
would
was
up
had
communicated
was
got
Monroe
said
that
friend;
adding,
by
Coy,
Mc-
damned
;
grave
them
that
also
and
any
tell
proved
them
his
Brantley's
who
the
by
who
in
of
any
murdered
afterwards,
Baltzell,
also
and
street, had
whip
what
Logan,
one
was
had
they
go
cowards
concluded
if
Shortly
his
lie
And
there,
and
had
''it
to
the
damned
could
that
them
It
on
were
that
the
him."
about
come
wanted
Them.
Use
to
aloud,
he
present,
to
How
and
remarked
he
pause,
not
Books
Baltzell
by
the
door,
who
had
ley
Brant-
nodding
head.
Baltzell
David
about
shot-gun
and
Gibson,
ten
going
Blakely
seen
was
fifteen
or
toward
and
to
the
Brantley
have
minutes
hotel.
were
a
double-barrelled
before
McCoy,
in
front
the
culty,
diffi-
Hardy,
of
the
Cases
hotel.
Hardy
whom
he
the
Brantley
and
were,
him
the
of
lid
then
witness
stopped
by
Mr.
McCoy
in
affair
he
of
William
he
might
gave
Baltzell.
with
Baltzell;
did
know.
not
and
Davis
**
remarked,
after
them.
That's
McCoy
office, and
get
into
arms,
testified
him
He
and
he
to
a
opened
better
a
look
difficulty, and
for
fear
that
one
Logan
asked
supper
pistol,
as
that
did
he
to
had
had
once
been
not
since
their
testified
that
when
David
supper,
out
down
gave
him
William
not
sober)
and
for
arms,
also
his
brother,
was
as
ness)
(the wit-
occur.
was
said
there,
him
himself
per
sup-
House
might
(who
the
supped
Baltzells
to
with
in.
go
Keyser
going
that
conversation
he
Logan
was
said
who
proceeded
the
the
to
him,
not
remarked
that
office, and
the
could
Logan
had
stated
into
private
he
Baltzell's
that
starting
he
he
the
entered
with
was
to
Brantley.
on
some
Baltzell
that
going
Dr.
with
to
witnesses
the
go
a
proved
was
insisted
the
McCoy
door
into
to
latter
the
habit
the
Logan
Davis
unknown
Baltzell
It
and
that
the
having
and
gentleman
before.
it
where
went
one
was
room;
who
or
in
started
some
William
of
during
desk.
a
The
a
looked
Brantley
one
to
Brantley
and
six-shooter
a
replied
walked
either
now,"
and
asked
witness
then
107
Baltzell
conversing
was
which
to
William
Brantley
hotel,
with
seen
When
evening.
the
was
Analysis.
fob
in
the
fore
bethat
David
habit
108
Law
of
going
Books
armed
friend
whom
the
He
occasion.
in
was
he
place of staying
he
had
and
one
wife,
and
from
another
the
facts
William
that
and
The
who
portico,
a
would
and
evening,
he
it
replied,
out.
He
he
he
had
if the
in
had
was
David
of
post
heard.
came
up
the
would
McCoy
a
rather
be
there
fearful
was
to
cigar,
a
met
there
had
hand
his
spoke
which
last
he
heard
difficulty
stated
he
and
the
that
supped.
get
thought
he
what
him
told
then
if
had
and
back;
by
replied
what
that
manner
walked
him
Witness
from
be,
a
standing
asked
difficulty.
in
inferred
defendant,
him
his
and
be
to
difficulty,
a
room,
supper
is
the
with
go
witness
was
who
be
to
declined
was
repulsive.
Baltzell,
would
him
asked
offer
for
loaded
were
boarders
or
That
landlord
It
guests
witness
a
there
thinking
which
the
that
lar
particu-
him.
saw
the
the
except
McCoy
any
which
entered
gentleman.
Laird,
McCoy
table
he
of
sober
knew
had
when
barrels
they
the
at
was
he
he
him
knew
hending
appre-
perfectly
that
know
not
When
himself
old
an
was
without
sup,
stated
pistol, all the
his
capped.
no
;
Logan
to
was
also
did
but
town,
that
went
Them.
Use
to
time;
diflBculty, and
a
on
the
at
with
How
and
in
say
the
which
To
would
he
pistol, which
see
was
cocked.
Just
the
then
hotel,
Baltzell
who
McCoy,
advanced
addressed
a
him
was
few
standing
steps
as
''Mr.
in
the
at
the
hall.
McCoy.''
of
door
William
At
that
110
Law
wound
Books
Gibson
into
went
pistol, and
It
was
business
his
place,
The
shown
the
is
of
a
character
"
of
the
Court
David
of
district
judge
evidence
entitled
not
appeal
The
was
main
killing
the
The
murder
**
taken
Article
been
to
was
the
608.
upon
to
lived,
what
who
were
difficulty
in
part
bail
the
of
the
to
the
oner,
pris-
that
court
the
the
laws
the
trict
Dis-
bail.
appellee.
indicted
was
for
been
of
writ
heard,
this
in
murder
of
brought
before
the
and
corpus,
decided
was
from
that
that
decision
the
he
an
court.
the
express
the
it
in
the
habeas
and
code
following
All
oflE
went
will, under
County,
bail;
to
question
amendment
by
a
of
last
Baltzells.
allow
that
having
and
took
two
to
Appellant
"
upon
having
else
the
the
Gonzales
Baltzell;
the
the
appellant.
for
Attorney-General,
J.
when
privilege
Miller, for
ROBERTS,
shown
opinion
the
Parker
him,
refused
was
admit
McCoy
with
and
prisoner
they
came
one
it
Texas,
was
who
because
not
and
where
and
Hardy
firing of
the
McCoy,
any
judge
bum.
after
as
that
district
offense
of
not
except
nor
fight besides
with
there,
was
associates,
took
out
Them.
Use
to
powder
hall
the
came
together.
his
of
marks
were
How
and
murder
case
is, whether
or
not
malice.
established
provisions,
committed
degrees
in
to-wit:
by
poison.
Cases
starving,
in
torture,
the
of
in
first
**
the
"
The
shall
degree
in
Dig.,
the
By
for
for
The
are
**
evidence
be
to
the
secure
which
that
The
malice.
of
when
the
common
not
in
in
(O.
years.''
the
make
of
right
facts
is
does
not
bail
all
with
guilty
of
define
it is
law
shall
with
is
that
provided
be
the
except
the
rule
Penal
in
is
those
certainty,
offense.
capital
what
the
design
reasonable
a
to
whether
The
cases,
of
intended
are
certainty,
show,
But
conflict
in
great"
words
any
circumstantial.
or
dent
evi-
is
Dig., 14.)
as
and
of
proof
W.
mind,
that
sureties
presumption
or
stitution
Con-
the
sufficient
(O. "
them;
degree
direct
' '
legal
in
provided
is
the
when
is evident
same
prisoner
Code
the
confinement
Rights
by
great.''
to
the
the
in
of
five
it
Texas,
offences,
could
the
the
punishment
be
of
bailable
be
proof
definite
indicate
of
'^
murder
the
than
Bill
the
of
shall
capital
explanation
in
of
State
the
terms
as
not
degree.
shall
less
not
presumption
or
and
degree
section
9th
prisoners
imless
murder
of
is
burglary,
or
second
the
at
534.)
of
*'all
the
death,
second
the
all
and
ted
commit-
or
attempt
punishment
be
penitentiary
W.
of
the
robbery,
degree,
612a.
in
or
rape,
is murder
Article
murder
first
the
degree
first
arson,
malice,
express
perpetration,
perpetration
murder
with
or
Ill
Analysis.
for
by
meant
* *
of
Code
**
press
ex-
principles
the
construction,
or
Code
of
Law
112
Criminal
Books
Procedure,
of
Recourse
for
authorities,
'
malice.
In
charged
with
deceased.
the
law
mind
the
charge
in
Hence,
malice
or
C,
Art.
458.)
law
common
**
term
express
1
;
implied
mentaries;
95
a
1
and
states
takes
person
justify,
law,
(Eex
;
fined,
de-
be
to
those
in
will,
used.
revenge;
all
killing of
the
sive
comprehen-
or
homicide.
of
terms
more
include
which
Hawkins,
the
attempted
a
person
import
of
ill-will
the
lence
malevothe
literal
given
to
under
charge
towards
when
or
killed
v.
Harvey,
482
Russell,
;
Penal
607.)
originated
the
implied.
The
and
express
accurate
the
extenuate
268
as
cause
any
this
is
prisoner
deliberate
the
enmity
which
under
the
acceptation
so
also, has
Hence,
be
may
extended
without
malice
Dig.,
aforethought,
prisoner
the
necessarily
than
mind
Code,
the
exhibit
aforethought,
been
been
"
of
ordinary
meaning
B.
to
sustain
to
not
that
the
has
2
"
the
malice
proof
may
or
though
excuse,
W.
0.
murder,
with
The
killed,
place,
of
for
having,
may
in
the
had
be
meaning
the
indictment
the
of
C,
ute
stat-
'
every
has
therefore,
must,
written
other
some
4, P.
(Art.
Them.
Use
to
with
or
State.''
the
How
and
view
malice
of
the
is
which,
to
it
distinction
be
is
found
distinction
most
complete
between
in
believed,
between
express
be
and
Com-'
Blackstone's
will
and
the
better
Cases
understood
into
*'
other
malice
Express
which
is when
that
discovering
wait, antecedent
in
schemes
concerted
Blackstone's
This
and
3d,
design
The
the
contemplate
acts
must
not
intejition
the
be
the
or
Atkinson
V.
The
2.
or
v.
inflict
8
mind
formed;
formed
such
Hence,
C,
P.
formed
serious
is
Texas
there
a
without
1
was
but
said, **If
implies
455-6;
siderate
incon-
rash,
murder,
or
any
law
State, 20
The
it
be
His
acts.
when
This,
without
his
sudden,
a
comprehend
to
as
of
still
the
mind.
sedate, deliberate
^passion.
Hale
design
some
and
(4
of
state
which
by
of
result
State, 5 Yerg.,
The
of
kill, might
to
200;
Com.,
ing
lay-
harm."
design
the
consequences
provocation,
Bl.
2d,
proof
be
suddenly
another
kills
of
malice.
express
upon
1st, the
killing;
must
impulse
an
grudges,
bodily
sufficiently selfpossessed
and
as
discovered.
be
person
be
must
intention,
some
indicates,
character
the
is to
1.
He
of
cumstance
cir-
198.)
Com.,
time
another;
external
former
him
do
kill
by
inward
menaces,
to
description
the
at
evidenced
is
search
re-
erate
delib-
sedate,
a
doth
design,
design
formed
with
one
formed
and
mind,
the
to
information.
of
sources
proportion
in
appreciated,
and
113
Analysis.
foe
a
not
man
siderable
con-
(4
malice."
Russell,
R., 530-1;
483;
Mitchell
340.)
must
bodily
be
harm
to
kill the
upon
deceased,
him.
This
114
Law
would
indicate
towards
the
Mr.
the
deceased
as
is
slain
is
in
directed
called
properly
most
**is
do
to
be
must
object.
murder
purpose
who
its
that
when
malice,
Them.
Use
to
malevolence
says,
express
him
How
and
that
Hawkins
express
an
Books
occasioned
through
personal
some
particular.''
(1
injury
Hawk.
to
P.
C,
96.)
^*
of
Malice
fact
in
doing
(express)
(1 Hale
This
take
design
the
away
intent
end
do
to
in
person
and
reckless
an
the
shoots
well
into
be
be
commission
a
crowd
of
scope
one
of
preconceived
of
life."
of
life,
as
when
or
meets,
and
not
200.)
In
he
has
his
more
another
resolve
probably
or
do
way
great
or
he
it may
toward
was
to
him;
case
the
within
one
may
same
enter
felony, in such
kill
a
The
who
be
whom
knowing
malignity.
to
man
kill
does
he
utter
resolves
man
malevolence
persons
to
such
a
such
707;
towards
in
a.
an
(Roscoe,
shows
as
to
includes
may
embraced
wantonly,
of
but
which
killed, because
person
other.''
an-
intention
an
act,
be
Com.,
that
to
deceased,
mankind;
he
of
person
specific malevolence
may
man
said,
the
This
all
a
confined
party
disregard
general
said
the
the
to
intention
451.)
unlawful
(4 Bl.
particular
the
of
711.)
next
kill.
may
life
any
to
enemy
kill
not
killed
the
C,
'*is
depriving
Starkie,
2
P.
deliberate
a
harm
corporal
some
is
upon
as
to
bodily
the
show
harm
Cases
all
to
Bl.
or
formed
the
inflict
or
malice.
but
him
it
is
in
design
against
this
instance
our
Code,
of
(Art.,
if
a
the
carried
Bl.
Com.,
evil
over
201.)
the
by
no
any
the
is
vision
pro-
consider.
to
unnecessary
who
case
be
one
''Several
and
they
who
affray
but
was
and
set
servant
on
nothing
this
head,
of
the
son
per-
himself
one
of
master's
illustrative
kill
to
of
Dr.
when
them,
sides, joined
his
plied
im-
on
some
accordingly;
to
both
in
conspired
him
kill
prevent
consideration
upon
fighting
knew
under
persons
a
to
murder,
to
kills
and
465.)
Hale,
given
under
now
merely
(1
injured.
may
features.
but
of
wish
no
robbery,
resisted
guilty
had
commit
to
violently
is
he
slain;
was
being
the
attempting
like, is
J;hough
malice,
of
is
resisting, he
person
A
in
person
and
arson,
from
it
of
of
modified
be
may
bore
he
49.)
So,
the
(4
him,
at
because
said,
implication.
legal
express
shoots
because
is
on
whom
not
but
it
which,
B,
is
commit
to
be
malice,
This
C,
but
not
C, against
kills
against
by
far
How
with
murder.
fact
malice
C
B
and
will
deceased,
the
injury,
killing
the
kill
to
not
bodily
attacking
misses
against
(4
design.
the
oppose
be
serious
felony,
A
malice,
design
him
on
other
some
may
200.)
Com.,
If
who
one
any
115
Analysis.
for
design.
lis,
El-
bury,
Salis-
seeing
with
its
his
A
the
ter;
mas-
ser-
116
Law
of
vant
Books
Dr.
killed.
Ellis,
The
Dr.
Ellis
that
malice
Dr.
Ellis;
malice,
but
took
murder;
(1
Russell,
and
Hale
C,
P.
These
\M\tm
V-
design
of
the
from
three
others
in
his
malice
is to
mind,
of
manifest,
of
explanation
shall
malice
be
servant
to
explain
this
against
over,''
carried
the
'^
executed.
were
having
those
suffice
malice
is
"""*"""""
""'""
""'
murder.
(1
be
it
it
actual
be
may
external
is
in
some
I
III
II
1"
"""
f
the
pari
'
WiW*"^"
it express.
make
^"^^^^^"""""^""^^"""'^"^"^"^^
proof
which
by
of
Malice
it consists
manifested
those
to
"
of
because
be
killed,
discovered.
either
III
principle
the
towards
be
must
^^
character
which
absence
it
(II"
The
may
Ellis, it
others
in
the
who
person
inferred,
be
Dr.
had,
three
will
that
*""
who
those
against
no
and
killing of
instances
iw^iivT
3.
had
manslaughter,
^"iiMp"1"M*^^lM^I**^fc^""*llH
^*"*"i"
he
438.)
announced,
ticular
if
found
the
the
make
to
as
design
the
jury
Hale,
*'for
would
The
it is murder
says
whom
him.
the
510.)
master;
so
design
against
Ellis
opposed
with
was
those
Dr.
Salisbury,
to
in
of
guilty
of
the
the
all
against
suddenly
of
master,
malice
in
who
as
manslaughter
Salisbury
case,
but
that
murder
all
part
his
jury
malice
; as
knowing
only
it
against
against
was
the
make
affected
Them.
Use
to
supported
told
would
without
who
court
malice
imply
How
and
in
a
such
all
by
external
reasonably
Its
must
state
or
actual
istence
ex-
circumstances,
inferred.
circumstances
cases
kinds
quality
imputed.
or
formed
imputed
In
which
as
the
make
a
legal
118
Law
the
mind
the
design
Books
which
circumstances
at
the
For
of
although
be
the
be
with
such
attended
cruelty, deliberate
cahn
as
will
be
sufficient
that
the
or
and
mind,
bodily
great
some
this
where
a
along
and
are,
dragged
his
with
servant
stamped
his
on
antecedent
The
harm.
(Com.
v.
lend
iron
an
killing,
to
show
belly,
the
v.
the
may
The
killing,
in
Acts
and
often
pertinent
Com.
v.
Jones,
In
casies
of
sudden
be
malice
1
that
at
Leigh,
time
Va.,
killing, in
2
temporaneous
con-
of
this
Grattan,
other
or
mortal
Rep.,
the
are
establishing
evidence,
the
199.)
conspire
may
the
and
master
Com.,
admissions,
after
of
tail
school
Commonwealth,
even
(The
a
those
force
Leigh
corrected
(4 Bl.
etc.
do
or
illustration
master
where
prisoner,
express
life,
1
ference
inliberate
de-
sedate
horse's
a
sion,
pas-
the
Jones,
a
and
of
act
increased
603-4.)
of
language
or
other
(HilJ
Rep.,
Va.,
bar;
scholar's
to
where
killed;
circumstances,
each
inference.
tied
com-
of
a
take
in
given
eases
of
result
the
was
ity,
enorm-
establish
to
to
with
to
evidence
was
of
absence
and
design
boy
difficulty,
calculating
formed
Familiar
612.)
Rep.,
cool
time.
that
circumstances
demeanor
killing
transpire
may
sudden
a
malignity,
even
passings,
external
before
as
upon
killing, and
These
act.
well
as
killing
of
time
design,
the
killing,
the
the
the
prompted
Them.
Use
to
at
indicating
time
it may
inferred
be
may
How
and
stroke
ing
tend-
as
the
killing.
670.)
absence
of
pre-
Cases
vious
ill
feeling,
be
to
be
found
the
always
manner
presumed
to
contrary
However
used
of
a
murder
be
(1
do
took
place, the
upon
harm,
;
be
less
un-
In
the
ford
Commonwealth,
and
impulse
or
if
it
such
of
result
Randolph's
was
formed
such
pcussion.
or
killing
a
with
the
it
kill,
to
that
be
of
be
ice.
mal-
case,
attended
to
6
injury,
life, and
would
act
and
such
absence
cumstance
cir-
mind
likely
was
means
express
upon
were
it
an
rash, sudden
The
acts,
external
bodily
great
23.)
unless
indeliberate,
V.
is
sary,
neces-
the
sedate
a
used
if
other
or
inference
showed
as
Sec.
showed
as
or
the
man
the
his
be,
may
endangering
natural
circumstances
design,
do
means
malice
express
a
is
of
it will
96,
the
bodily
great
which
it,
or
committed,
that
that
it, indicate
kill,
to
Hawkins,
appeared
it.
killing
doing
attending
design
often
in
For
doing
sumed
pre-
may
malice
express
consequence
the
manner
formed
there
act,
be
to
appears.
sudden
or
the
intend
probable
even
the
of
slight
is too
of
evidence
or
or
for
motive
ample
used,
means
it
where
or
119
Analysis.
for
an
(White-
Rep.,
Va.,
723-4.)
rule
The
malice
as
is
that
implied,
utility, in
Gratt.,
594;
and
the
not
ascertaining
Wright,
fact
isolated
proposition,
abstract
an
from
Ohio,
express,
however
can
seldom
the
species
20;
Am.
killing, the
of
correct
be
of
Law
of
tical
prac-
malice.
Homicide,
(2
120
Law
386;
For
the
fact
circumstances.
legitimate
malice.
fact
The
killing, will
not
In
of
the
case
the
time
some
at
the
friends
the
shade
and
and
;
minutes,
the
in
the
such
instrument,
prisoner;
flies
from
and
his
malice.
These
character
discovered.
the
home
views
of
(2
will
proof
in
that
prisoner
to
under
which
Rep.,
he
as
wished
from
deceased
the
cover
These
him
a
from
''formed
ten
whence
heart
of
sword
and
by
of
an
the
night
the
facts
inference
603-4,
into
him,
five
sufficiently
the
He
possession
the
warrant
perhaps
by
in
country.
Grattan
wounded.
between
the
had,
umbrage
taken
with
stab
a
ginia),
Vir-
prisoner
returning
seen
from
and
applicable.
surrounded
of
of
act
(in
the
took
of
species
the
him,
had
He
space
as
sufficient
held
were
He
is
the
the
been
with
that
short
falls
and
had
walk
night.
deceased
the
started,
pride
company
of
that
tive
posi-
constitute
rule
transaction,
him.
to
by
Commonwealth
fatal
to
something
the
he
deceased
the
make
The
His
attending
witnessed
showed,
the
to
or
at
to
as
one
no
v.
evidence
the
say
cane
Hill
decedent.
asked
to
that
presented
will
they
Rep.,
be
arrived
inference
necessarily
prior
be
evidence,
an
ever
antecedent
they
for
basis
rarely
all
Whether
circumstantial
or
a
of
absence
al., Addison's
et
will
Them.
Use
to
Lewis
v.
that
entire
How
and
Pennsylvania
282.)
in
Books
alone
of
press
ex-
620.)
explain
design"
the
is
Cases
The
of
it
the
has
him
of
sufficiency
The
satisfy
reasonably
There
be
may
establish
to
malice;
and
such
In
That
the
*
where
that
the
malice.''
2d.
That
be
killing,
proved
the
by
712;
and
killing
fresh
the
Commonwealth
The
it will
and
be
not
presumed,
be
the
person
facts
in
1
1st,
antecedent
not
Jones,
the
are,
it will
in
the
the
case,
Starkie,
(2
provocation.
v.
of
between
the
upon
actuated
have
effect
death,
was
upon
malice.
intervenes
the
though
was
notice,
to
of
kind
implied
the
to
as
circumstances
notwithstanding
to
tending
the
to
upon
provocation
to
termined,
de-
is
effect
facts
killing
necessary
malice
presumed
the
was
rules
now
Afresh
preconceived
it may
it
only
it is
which
it
its
are
as
that
that
the
there
conclusions
others
case,
evidence,
where
case
establish
to
fact, by
deed.
the
mind.
the
a
of
(as
killing,
establish
to
other
any
different
some
express,
evidence
of
the
commission
the
to
deceased
of
time
ence
exist-
the
the
the
at
the
that
as
establish
to
fact, towards
explained),
prompted
is
proof
in
malice
been
which
"he
of
object
121
Analysis.
fob
Leigh's
Rep.,
612-13-14.)
It
a
murder
not,
and
or
may
the
be
concluded,
been
has
important
circumstances
after
that
time,
then,
with
committed
questions
at
the
having
determining
in
are
time
:
Do
of
connection
whether
malice
express
the
the
external
or
facts
killing, before
with
or
relation
122
Law
it, furnish
to
of
sedate
a
killing,
a
formed
or
do
design
him
life,
life
the
probable
of
the
it amount
When
that
We
be
of
opinion,
record
in
certainty,
this
that
malice,
express
the
end
formed
they
be
upon
of
slain,
its
in
his
in
human
design
against
do, the
killing,
express
malice.
reasonable
has
malice
show
certainty,
been
ted,
commit-
refused.
should
are
which
may
If
express
person
harm,
with
show,
with
murder,
a
bail
the
facts
the
the
person
they
disregard
a
will
murder,
the
Do
of
reckless
slain?
existence
of
part
consequences
person
to
life
includes
the
act?
bodily
general,
necessarily
as
the
the
take
of
the
on
does
serious
such
or
he
to
some
or
death;
mind,
time
Them.
Use
to
evidence
satisfactory
the
at
How
and
deliberate
necessary
if
Books
that
the
facts
as
do
not
show
with
is
guilty
case,
prisoner
and
therefore
that
of
he
in
presented
reasonable
murder
is
with
entitled
to
bail.
allowed.
Bail
STATES
UNITED
COMPANY
RAILROAD
COURT.
SUPREME
v.
STOUT.
1873.
17
Error
Henry
to
the
Stout,
Circuit
a
child
Wall.,
657.
Court
for
six
years
the
of
District
age
and
of
braska.
Ne-
living
Cases
with
his
City
"
Pacific
to
a
of
the
Near
inclosed
few
and
off
town,
ten
was
and
about
The
by
any
servant
the
upon
boys
to
When
by
of
some
turntable
of
began
foot
to
lived
in
the
iurn
of
the
of
nine
depot,
the
boys
to
not
it, and
child
and
in
(he
its
no
definite
it
there,
turntable
not
axis.
guarded
fastened
Two
attempting
being
set
other
the
or
was
of
distant.
the
to
table,
turn-
part
arrived
attended
on
There
parents,
with
go
company,
easily
his
the
the
mile
a
of
one
them
and
was
another
of
the
was
revolved
and
it, the
to
go
this
neighborhood
the
erty,
prop-
injured.
was
knowledge
boys,
view.
play.
locked,
the
age,
proposed
the
adjoining
from
three-fourths
other
in
distant
parents
without
to
or
in
not
was
station-house,
plaintiff
the
child's
of
mile
travelled
which
the
company's
a
houses
two
years
purpose
of
the
child,
with
the
passing
another
ground,
from
persons.
road
and
railroad
the
fifty
traveled
a
rods
settlement
or
and
grounds,
which
on
but
The
On
quarter
turntable
the
railroad
situated
was
were
was
The
eighty
hamlet
a
upon
company.
about
hundred
one
visibly separated
or
a
in
low,
be-
court
sustained
said
space,
depot,
to
by.
near
about
open
turntable
the
through
the
Sioux
the
the
in
injury
an
to
an
company's
the
road
in
hundred
one
for
damages
was
friend,
next
Company,
belonging
turntable
his
by
Railroad
recover
turntable
from
sued,
parents,
123
Analysis.
fob
at
to
the
of
get
time
124
Law
the
upon
end
of
and
the
the
rail
he
But
then
had
and
turntable,
there,
to
of
had
had
the
and
It
who
playing
from
of
at
playing
the
did
boys
seen
of
servants
the
there.
and
table,
having
or
fied
testi-
company,
ing
play-
the
pany
com-
charge.
was
played
jured,
in-
with
the
upon
the
turntable
the
track,
in
sight,
the
child
had
working
from
the
the
day
on
child
that
testimony
which
on
turntable,
the
at
in
were
appeared
played
the
when
when
distant.
before
not,
table
men
of
officers
the
boys,
far
not
of
track
boys
them
fact
previously
railroad
the
the
revolving,
was
main
the
seen
charge
no
of
any
the
of
forbidden
the
having
One
the
servant
a
had
communicate
not
it
as
on
previously
witness
the
rail
between
caught
was
turntable
iron
Them.
Use
to
crushed.
was
that
the
the
witness,
One
track),
on
of
end
How
and
railroad
and
road,
Books
he
had,
or
injured,
now
was
indeed,
been
ever
there.
The
table
land,
own
in
the
is
that
though
There
on
The
a
constructed
was
ordinary
to
it
was
hinge,
catch
say,
had
an
and
of
the
and,
it
one
iron
held
this
not
was
or
two
latch
the
latch
tended
testimony
a
skeleton
planked
between
It
way.
railroad
the
on
was
boards
loose
fastened
table
was
in
to
position
broken
at
show,
to
turntable,
the
upon
it
pany's
com-
which
while
the
rails,
the
ties.
turned
using.
time
of
126
Law
in
its
left
Books
construction
it
further
that
to
anticipate
to
it,
that
or
did
they
The
resort
from
the
verdict
did
judgment
upon
was
likely
in
was
have
reason
to
resort
if
'*
negligence
no
which
locked
un-
injured
be
$7500
not
left
was
likely
to
as
somewhat
not
be
of
were
for
the
writ
this
tiff,
plain-
of
error
brought.
was
Mr.
Isaac
1st.
that
the
of
part
of
3d.
the
That
court,
and
was
in
the
S.
A.
the
party
in
fault,
that
result, and
situated
thus
is
proved
condition
or
on
the
ment
manage-
table.
facts
was
being
of
one
should
not
undisputed,
law,
to
have
been
jury.
Mr.
himself
negligence
no
defendant
the
negligence
insisted:
error,
recover.
there
the
a
in
was
produced
principles,
to
That
plaintiff
injured
party
well-settled
2d.
the
negligence
own
entitled
not
for
Cook,
That
his
upon
the
if it
they
there
it
as
was
ants
defend-
they
town,
occur
be
a
that
it
negligence
would
it, then
found
jury
if
would
to
the
was
might
children
they
nature,
small
a
there
that
that
which
situated
in
injury
unguarded;
or
its
whether,
habitations,
anticipating
in
negligence;
property
from
remote
in
for
consider
to
defendant's
the
of
liable
Them.
manner
dangerous
not
were
Use
to
the
and
not
was
How
and
Strickland,
contra.
be
the
passed
submitted
question
upon
to
by
the
Cases
Mr.
Justice
It
1st.
of
is well
tender
which
an
in
rule
free
from
infant
of
required
of
capacity
only,
record
plaintiff
to
pursue
states
that
**the
defense
negligent,
plaintiff
disclaimer
plaintiff's
form,
was
a
therefore
A
negligence,
trespasser
can
not
reference
to
suggestion
under
may,
upon
that
whether
the
to
caution
and
in
each
subject.
The
on
age)
dispose
to
regard
maturity
counsel
brought
or
the
case.
ground
claim
ought
indirectly
or
and
accidental
was
the
on
in
this
tender
his
him
have
and
his
the
from
negligent,
were
is
himself
defense
their
resting
rule
same
determined
that
necessary
(considering
not
the
of
infant
entitle
rule
to
court.
it
care
be
to
circumstances
their
rest
This
is
plaintiff's parents
the
was
according
this
and
disclaim
but
is
child
expressly
that
The
years.
an
to
must
the
is not
of
resulting
he
another,
tender
it is not
But
of
that
injury
an
the
While
adult,
an
of
the
by
adult.
faults, such
a
the
by
case
for
conduct
judged
an
to
opinion
the
be
to
regard
negligence
or
the
that
of
damages
recover
been
settled
that
governs
fault
delivered
is not
years
general
to
Hunt
127
Analysis.
for
the
the
ground
that
or
the
the
railroad
the
authorities
question
in
made
the
to
the
himself."
upon
allegation
the
company
injury
the
fendant
de-
negligent,
was
that
of
for
that
a
the
of
direct
tiff
plain-
premises,
and
recover.
some
however,
of
be
useful.
on
the
last
Law
128
In
the
child
was
cart,
but
In
Books
well
and
indeed,
actions,
children,
the
technical
in
Nurdin,
v.
climbing
the
the
upon
recover.
the
judgment
same
laid
was
brought
to
of
position
In
down.
for
recover
child
the
given,
was
of
the
injuries
to
most
of
that
was
a
trespasser.
Daly
it
invited
Norwich
v.
said
is
the
and
fact
the
the
at
is
time
act
that
no
Railroad
the
pany,
Compassing
tres-
was
person
unless
excuse,
negligent
his
or
Worcester
he
thereby
contributed
conduct
it.
to
In
the
Bird
spring
are
laid
down.
that
plaintiff
while
doubt
no
of
a
and
grounds,
defendant
the
trespasser
to
negligence
Was
or
there
by
the
to
negligence
for
not
to
be
bound
not
this:
to
strangers
that
it
from
exempt
the
who
to
owes
injuries arising
tortious
on
rule
contrary
rule
mere
premises
it, it is
its
the
is
regard
strangers
from
which
conceive
its
upon
such
in
company
in
care
conveyed
passengers
2d.
we
railway
a
unlawfully
are
was
by
injured
was
defendant's
the
cases
But
degree
same
plaintiff
liable.
There
is
in
set
guns
the
held
was
the
Holbrook,
v.
although
its
to
principle
same
Lynch
trespasser
a
Gardner,
v.
of
Them.
Use
to
case
allowed
was
the
In
known
clearly
Birge
How
and
sponsibility
re-
from
acts.
the
part
of
the
rail-
Cases
in
company
way
turntable
?
The
charge
nonsuited,
its
favor,
the
this
to
bestow,
That
and
would
be
to
which
was
that
the
same
existed
at
was
turntable
likely
it
and
to
might
actually
was
fairly
to
to
injury
reference
to
to
the
all
for
the
plaintiff.
and
children.
tiff.
plain-
which
who
from
him,
of
ordinarily
children
inferred
be
occurred
to
agement,
man-
omitted
machine,
dangerous
injury
cause
liability
with
a
jury
occurrence
men
find
turbed.
disdence
evi-
the
had
the
to
be
location,
careful
liberty
titled
en-
the
by
machine
prevent
to
prudent
jury
the
its
not
from
inferred
be
construction,
of
attention
which
the
the
condition
or
accidents
justly
in
defendant,
if
affirmatively,
it
gence
negli-
not
can
put
were
of
was
the
any
to
conclusion
judgment
the
upon
they
defendant
the
and
If,
authorized
it, the
be
verdict
a
inferences
any
from
it might
given
by
of
practice
right.
was
was
plaintiff
the
the
its
ant
defend-
the
directing
was
jury
or
express
in
order
an
the
order,
To
care
to
justified,
be
that
659)
p.
Unless
expressed
submission
draw
to
can
that
it is
supra,
one.
order
an
evidence,
authorized
the
to
which
the
upon
intelligent
of
condition
or
(see
point
courts,
construction
that
as
or,
States
United
in
and
entitled
was
management
this
on
impartial
an
the
129
Analysis.
for
no
the
sorted
re-
jury
in-
There
greater,
When
130
Law
the
jury
Books
fixed
the
rail
of
there
from
learned
serious
a
the
injury,
by
of
the
rail
evidence
that
his
being
foot
road-bed
of
the
he
had
fered
suftween
be-
caught
the
and
justified in
were
probability
a
Them.
Use
to
the
table, they
was
How
and
turning
believing
that
of
occurrence
such
accidents.
in
So,
from
looking
inhabited
jury
that
there
on
play
the
this
observation
that
such
it
be
expected
by
use
would
the
cause
to
by
prevented
was
a
heavy
prevented
by
locking
company.
the
the
catch
in
with-
and
the
ployees
em-
it,
to
resort
that
anticipated
occasion,
of
this
This
it.
the
It
not
was
repair
of
which,
revolution
could
the
by
of
the
dropping
table.
they
certainly
have
when
shown
not
that
or
latch.
into
There
this
ience
inconvenhave
probably
broken
would
while
turntable
to
was
boys
table
expense
It
it
so
the
could
considerable
defendant.
the
have
this
on
about
any
were
probably
should
turning
prevented
at
justified in
in
been
been
jury
amusement
or
had
case.
found
it
they
play
at
were
the
the
the
on
to
of
that
were
proved
knowledge
fact,
been
machine
the
in
was
have
in
the
be
the
occasions,
would
defendant
the
would
As
defendant,
children
hamlet
other
to
was
that
on
and
the
that
believing
and
turntable
it
the
and
occasion,
the
of
when
from
boys
of
remoteness
dwellings,
several
upon
the
at
a
had
been
This
socket,
been
Cases
but
table
this
on
one
had
it
weighing
It
companies
bolt,
or
well
have
the
believed
that
the
these
small
very
lift it out,
to
avoided.
the
to
the
how
to
should
we
The
charge
and
we
3d.
are
the
This
the
in
court,
true
evidence
and
in
if
it
evidence
not
that
have
ted
omit-
given,
caused
is
to
that
for
the
class
of
judicious,
justify
ing,
find-
the
it.
where
is
them
weigh,
jurors.
as
and
disturb
to
ascertain
to
acting
to
not
not
are
we
or
sound
of
been
have
upon
evidence,
effect
pains
sufficient
called
cases,
the
evidence
not
many
place,
negligence
slight, but
to
its
had
to
The
respects
authorized
the
is
all
had
would
is
decided
sufficient
is true,
undisputed
of
jury.
not
are
It
in
was
its
not
are
balance
have
being
there
We
verdict.
measure,
is
there
in
defendant
ought
plaintiff.
may
incurred
taken
jury
that
negligence
that
say
justify
to
the
and
strong
the
to
it
attention
jury
difficulty have
the
that
and
it
have
the
reasoning,
latch
latch, and
putting
whole
road
rail-
a
had
this
not
the
negligent,
was
injury
able
thus
and
care
it
of
conclusion
the
the
that
and
turntables
The
replacing
placed.
re-
with
usual
defendant
would
boys
Thus
reached
if the
trouble
slight
their
been
not
instrument.
of
expense
had
pounds,
ten
or
been
upon
similar
trifling
taken
have
to
and
have
to
some
or
off
proved
was
eight
some
broken
been
131
Analysis.
for
for
the
decision
cases
facts
the
where
ment
judgof
the
the
132
Law
of
existence
where
Books
facts.
If
such
in
deed,
as
contract
be
engine,
being
to
him
action
no
within
a
happens,
law.
On
few
if
inches
of
negligence
may
the
but
by
have
not
might
no
the
be
ruled
these
as
and
The
cases.
variety
intermediate
Upon
a
the
and
placed
and
drives
injury
an
of
law
that
there
is
the
in
could
is
are
almost
was
treme
ex-
finite
in-
relation
in
opposite
such
it
occurred,
them
It
of
able
suit-
a
axle, which
an
or
between
proven
sentatives.
repre-
precipice,
the
range
facts
that
law
question
a
these
that
effect
accident
But
cases
passing
an
liability.
extent.
man
his
no
and
that
fault, and
or
had
he
question
a
the
a
of
as
coach
rein
too,
the
him
ruled
anticipated,
negligence
in
of
breaking
be
intentionally
if
his
between
been
be
to
sane
a
own
precipice,
a
hand,
other
distance
his
coach-driver
a
If
with
by
nothing
certain
so
matter
from
sustained
be
is
counteract
as
tract
con-
existence
cases,
contact
ruled
a
doubt
no
law.
to
resulted
can
So
be
from
being
some
of
nothing
may
is
proof
in
himself
action, it
injury
the
made
to, the
there
In
law.
than
evidence,
testified
question
a
as
in
given
rather
be
to
are
evidence,
of
throws
there
this
that
the
from
ruled
voluntarily
the
of
question
breach,
or
inference
it may
be
breach
question
a
necessary
of
its
or
derogation
ruled
deed
a
in
comes
Them.
Use
to
inferences
or
proven,
of
facts
such
deductions
the
How
and
cases,
rule
it
to
vails.
preis
a
Books
Law
134
that
harmonious,
or
in
the
it
undisputed
whether
Redfield
**And
what
where
But
ordinarily,
there
testimony
In
the
the
facts
House
the
jury,
In
of
in
from
judge
these
it
the
facts
the
State
be
of
is
is
it
a
any
ques-
it in
of
New
child.
York
but
at
it
the
trial
in
held
of
fact
facts
the
child
injured,
and
were
for
Court
that
in
the
it
how
escaped
The
that
holding
those
in
of
the
having
Appeals
case
lation
re-
ner
man-
undisputed.
non-suit,
negligence
held
side,
was
Railroad,
The
one
reversed.
was
a
certain
the
on
question
pure
charge,
established
the
whether
judge
jury,
the
ordered
controversy
no
question
guarded,
was
trial
of
a
Brooklyn
having
custody
facts.
the
there
was
The
judgment
conduct
which
the
a
the
to
the
v.
the
at
where
of
question
a
about
there
other.
Lords
and
those
or
said:
is
it
often
be
negligence
from
case
Mangam
to
only
the
on
the
the
Railways,
negligence,
Wallace,
v.
established
proved
withdrew
judge
given,
was
controversy
show
to
facts, but
rashness
or
the
are
jury.
Patterson
about
ing
hold-
facts
for
not
apprehend,
tending
for
tion
will
no
we
the
care
of
Law
care
is
in
us
negligence.
is proper
law,
and
proper
the
on
justify
although
jury
establish
they
In
the
whether
determine
to
for
is
that
us,
Them.
Use
to
authorities
the
before
case
How
and
of
should
Cases
have
been
Analysis.
fob
submitted
jury,
the
to
135
and
aside
set
the
non-suit.
In
are
that
when
It
has
of
guilty
left
the
Upon
G.
whole
the
"
G., C.
57
from
Hon.
I. B.
The
F.
S.
Hume
Jodon,
"
F.
RY.
for
for
that
must
it
point.
be
firmed.
af-
TEXAS.
FRIEND
v.
CO.
1882.
123.
Tried
case.
appellant.
Shepard,
was
that
NEXT
BY
Texas,
the
opinion
determine
OF
proved
defendant
judgment
Washington.
states
must
case
facts
the
of
McFarlane.
opinion
G.
to
the
JR.,
they
honestly
the
the
are
jury
Austin,
Appeal
that
COURT
EVANSICH,
THE
that
we
case,
might
them,
down,
when
or
minds
shown
and
laid
the
determination.
their
SUPREME
THE
P.
to
rule
disputed,
finding
negligence,
Steinberg,
the
from
for
in
jury
properly
was
and
are
already
Van
v.
different
but
jury
been
justified the
Co.
conclusions
the
to
R.
facts
the
different
left
be
R.
examined,
disputed,
not
draw
W.
largely
eases
are
"
Detroit
appellee.
below
before
the
136
Law
Books
Associate
STAYTON,
brought
appellant
by
actual
have
while
caused
playing
a
upon
situated
and
place
near
turntable
public
its
position;
of
servants
his
the
there
seriously
other
children
given)
nursing
suffer
by
losses
were
Demurrers
substance
because
child
the
and
(the
it
and
turntable
was
that
was
guarded,
un-
that
to
and
was
with
the
jury
in-
of
the
jury
in-
compelled
to
other
of
expense
its
dren
chil-
thereon
of
spend
medicines,
incur
the
contrary
consequence
purchase
of
that
character
he
lic
pub-
a
fastened;
playing
and
in
in
all
expenses
of
which
ploy
em-
time
and
was
alleged.
were
set
while
that
;
the
lee,
appel-
residence;
way
no
to
nature
child,
the
other
stated),
went
injured
physician,
a
in
child
the
that
to
child
turntable;
fact;
knowledge,
or
(the
received
that
time
the
situation
the
on
for
alleged
structure;
play
in
of
by
plaintiff's
and
loss
by
The
recover
him
Brenham,
street.
knew
consent
being
city of
to
appellee
orders,
owned
was
by
son,
turntable
dangerous
unenclosed,
without
infant
his
to
accustomed
were
and
received
reference
in
to
injuries
public
a
appellee
nursing,
the
in
action
incurred
of
by
Them.
This
"
the
expenses
confinement
the
been
his
Justice.
bills, medicines,
during
Use
to
against
for
damages
medical
How
and
up
it appeared
filed
that
to
the
therefrom
the
petition,
petition
that
was
the
which
in
insufficient,
turntable
was
Cases
the
upon
was
of
premises
act.
the
dismissed.
facts
The
child
under
in
such
damages
father
the
to
child.
Railroad
K.
C.
IJy. Co.
V.
St.
etc.. Railway
The
of
part
in
petition
the
of
plaintiff
services
the
all
necessary
gives
For
Texas,
2
Thomp.
the
to
court
is
error
the
reversed
losses
of
damage
Wood's
322;
Neg.,
on
of
the
petition,
and
the
660;
Koons
687;
Keefe
v.
waukee,
Mil-
the
upon
discretion
of
years
of
age.
action
for
the
loss
and
for
minority,
in
caused
for
himself.
to
the
207.
an
child
the
for
lo
Wall.,
want
notwithstanding
behalf
liable
incurred
injury
an
the
appellee,
negligence
during
and
from
another,
personal
49
227;
sick
in
maintained
child
expenses
while
of
his
17
Minn.,
an
and
also
Eans.,
seven
maintain
it
592;
alleged
only
was
may
of
21
negatived
also
child, which
The
Mo.,
Co.,
plaintiff, and
the
22
65
R.,
the
and
Stout,
v.
Fitzsimmons,
etc., R.
Louis,
mother
and
Company
V.
of
render
to
as
own
that
showed
negligence
circumstances
his
by
sustained
were
petition
the
the
by
hurt
was
demurrers
stated
injured
was
he
child
the
that
appellee;
that
The
improper
cause
the
and
trespasser,
a
137
Analysis.
for
the
by
action
and
tention
at-
ligence
neg-
may
injury
such
Railroad
Master
its
v.
Servant,
be
as
ler,
MilSec.
1260.
court
the
in
sustaining
judgment
cause
remanded.
of
the
the
murrer
de-
district
138
Law
Books
Eeversed
and
(Opinion
delivered
May
19, 1882.)
COURT
OF
"
KANSAS
TEXAS
90
to
District,
in
the
EDWARDS.
S.
W.
Court
from
Wilkinson,
for
TEXAS.
CO.
RY.
430.
Rep.,
Civil
of
appeal
an
Them.
TEXAS
V.
36
65,
Texas,
Error
Use
to
remanded.
SUPREME
MISSOURI,
How
and
1896.
for
Appeals
Fifth
the
District
County
Grayson
OF
Court.
"
Foster
E.
J.
Wolfe
and
Smyth
plaintiff in
"
error.
for
Hare,
defendant
in
error.
Chief
GAINES,
suing
her
by
to
have
been
The
keeping
to
bridge
ties
plaintiff
The
in
this
negligence
in
yard
such
in
disclosed
a
that
them
upon
by
the
the
children
which
of
and
testimony
fell
to
sist
con-
customed
ac-
railroad
upon
injured
are
to
ant
defend-
were
number
they
Texas
alleged
alleged
was
piling
manner
playing
of
negligence
against
of
Co.
injuries
minor
a
action
Railway
personal
the
play, and
while
facts
a
Texas
for
by
caused
company.
in
"
Kansas
damages
recover
Edwards,
Mollie
"
friend, brought
next
Missouri,
the
Justice.
as
the
her.
fol-
Cases
lows
The
:
which
defendant
used
was
material
upon
The
across
track, the
shown
that
but
it
also
out
by
of
them
the
children
accident
happened
watchman
and
called
to
of
fell
them
evidence
The
that
yard
several
There
and
times
was
of
knew
a
mother
fenced
the
the
keep
to
ing
that, notwithstandof
servants
as
soon
pile of
her
pany,
com-
the
by
he
as
returned.
she
the
home
sent
was
the
before
Just
but
that
dered
or-
The
warned
return.
the
playing,
company.
also
the
customed
ac-
uniformly
the
however,
of
was
were
of
were
of
occasions
former
for
of
was
It
children
purpose
crushed
show
mother
she
on
to
being
they
duties
upon
down
tending
stacked.
the
climb
Not
the
out;
other
by
away
yard.
plaintiff
went
accident
her
for
would
the
the
cept
ex-
railroad
with
other
efforts
fenced,
lived
were
appeared,
bridge
was
of
and
them
sorting
easily accessible.
was
that
of
It
the
the
yard,
company's
time
servants
persistent
the
and
shown
some
away.
old,
there
resort
was
parents
the
plaintiff
the
to
at
yard
It
the
along
from
alley
an
the
along
years
lumber.
lumber
a
of
purpose
like
plaintiff
eight
just
the
side
one
tracks.
about
for
139
owned
company
other
and
Analysis.
for
was
In
bridge-ties
There
toes.
ties
one
insecurely
were
plaintiff's having
had
tempting
at-
was
plaintiff testified, in
and
the
fect,
ef-
visited
punished
her
it.
verdict
and
judgment
for
the
plain-
140
Law
in
tiff
in
the
trial
Court
the
this
court
has
Books
The
of
are
the
charge
and
in
of
to
comes
case
writ
a
which
error,
of
the
the
of
in
been
have
upon
ial
spec-
defendant.
the
critical
ination
exam-
of
opinion,
applied
as
case
are
Two
our
Appeals
certain
no
case,
necessary.
were,
should
and
evidence,
is
charge
of
law
the
of
court
give
to
behalf
in
take
instructions
the
refusal
Civil
of
this
in
upon
requested
we
Court
the
the
upon
view
the
in
insisted
instructions
quested
re-
statements
facts
the
to
the
They
given.
in
were
follows:
as
**
(1)
watch
Defendant
If
plaintiff,
the
with
others,
for
the
doing
was
knowledge
there
tie
or
playing
injured,
of
her
pulled
portion
without
being
down
of
in
person
of
a
the
them
then
upon
pile of
shortly
the
of
its
yard,
and
and
present,
herself
ties,
ant's
defend-
of
property,
while
watchman
such
upon
or
but
premises,
knowledge
fore
beand
leave,
to
the
charge
in
discovered
yard,
from
the
children
defendant
in
keep
to
exclude
to
requested
without
or
purpose
of
withdrew
returned
watchman
order
playing
and
thereupon
thereafter
in
obligation
no
watchman
the
accident,
plaintiff
under
was
premises,
its
over
therefrom.
a
for
aflBrmed
was
The
Appeals.
assigned
errors
which
of
judgment
petition
a
Them.
granted.
and
But
Civil
Use
to
which
court
upon
been
How
and
so
having
while
caused
which
ing
playto
she
fall
was
142
Law
be
liability
Until
be
have
held
1
**
the
plaintiff,
play
defendant
the
held
another
hold
and
the
without
securing
while
what
**the
Co.
it,
Stout,
(17
States
to
the
to
exercise,
the
care
may
law.
with
and
and
which
order
trespass
it
the
to
upon
secure
and
of
decision
has
met
with
that
the
from
go
land
United
has
much
not
verse
ad-
with
respect
is
required
injury
to
way
Rail-
Railway
the
of
it, they
parlance
v.
line
us,
belong
class
123),
jury
in-
against
legal
Court
upon
children,
to
Evansich
as
of
owner
place
not
in
further,
step
this
to
seems
there
To
Supreme
followed,
children
them
Texas,
This
upon
protect
it.
are
proceed
alluring
is
It
hurt.
There
a
may
in
and
on,
and
go
i
cart
horse
to
known
(57
the
which
land
to
as
so
657).
Wall.,
in
the
There
unattended
recover.''
which
the
in
criticism,
who
of
court
uniformly
been
led
cases,'' such
this
in
upon
which
cases
commonly
turn-table
V.
of
owner
become
Co.,
got
reference
With
tampering
have
cart
can
Lynch
class.
down
could
machinery,
it dangerous
a
thrown
decisions
class
that
this
left
seven,
plaintiff
principle.
same
of
incautiously
American
is still
as
of
thereby
was
that
numerous
the
child
plaintiff
was
child
a
they
negligence.
case
a
negligently
another
;
contributory
is
victims.
the
are
discretion,
some
Q. B., 29,
the
children
learned
of
Them.
Use
to
when
guilty
Nurdin,
How
and
incurred
they
not
V.
Books
the
children
limit
of
Cases
They
proceed
attractive
stress
laid
fact
that
the
known
was
in
ruling
of
one
such
these
invitation
to
discovered
of
part
them
guard
when
But
object
or
place
and
when
it
fact
that
they
of
its
what
young
is
object
curiosity?
their
at
judge
to
children
to
it
it is
when
is
an
they
negligence
to
steps
some
alluring
the
is
not
to
all
unusual
is
exempt
from
Here
disposing
the
the
of
a
dence
evi-
is
to
self,
it-
of
very
their
pursue
infantile
for
accessible
feet
restless
language
similar
nate
in-
amusement?
from
conveniently
free
the
suggests
attractive
quest
place,
that
locality
question
free
left
children,
to
intimated,
been
the
that
enough
in
truants?
in
place
is
that
particular
a
are
is
wander
What
for
take
to
congregation,
adventurous
has
as
or
who
persons
it
or
attractiveness,
object
possess
unsecured
them,
that
attractive
resort
propensity
What
said
said,
upon
danger.
the
is
think,
we
children
to
The
equivalent
when
not
owner
children
turn-tables
be
using
the
upon
the
playthings
to
cited
defendants.
the
that
or
are
cases
also
justified,
should
are
is
it
the
by
the
that
dangerous
against
and
as
them
the
fact,
be
either
they
of
of
exposed
use
that
the
on
must
obviously
so
are
cases
them
leave
to
servants
;
both
turn-tables
turn-tables
attractiveness
peculiar
that
the
the
grounds
two
this
of
use
to
In
upon
that
ground
children.
to
was
the
upon
143
Analysis.
for
of
case
an
is
of
inent
em-
ap-
144
Law
Books
'*
propriate:
where
may
of
surface
where
the
owners
climb
and
is
It
where
it
was
it
down
from
of
is
tempting
the
duty
of
the
a
boy
because
to
charge
the
its
bring
I
of
of
of
member
the
J., in
tree
of
fall
for
children
upon
their
rents.'*
pa-
100
McQowan,
v.
if
it would
except
Gillespie
cut
to
absurdity,
Moreover,
community
the
that
contended
this
protection
occur.
possibly
may
to
tended
at-
heard
fruit
principle
us
swim,
especially
never
a
age
are
trespass,
logical conclusion.
duty
of
years
frequently
trespasser
the
dren.
chil-
are
amusements
to
owner
would
(Paxton,
Pa.
these
any
fish, shoot,
fruit, yet
Yet
branches.
plaintiff
They
nature
there
carried
every
boy's
a
sive
oppres-
enforce
to
eight
of
accidents
and
an
it,
that
so
trespassers
boys
of
All
danger,
part
its
the
by
that
sports.
trees.
with
the
where
be
us
pel
com-
inclose
to
would
require
not
To
surface
the
injured,
does
athletic
either
water
ties
inequali-
are
injured.
be
level
of
pools
there
property
be
know
and
may
and
even
all
in
they
Them.
Use
to
drowned;
such
law
principle,
indulge
streams
be
not
The
We
are
ponds
may
rule.
such
of
their
trespassers
How
There
children
fill up
or
and
St., 100.)
We
do
for
material,
not
see
the
or
that
a
deposit
new
possesses
material
any
of
yard
kept
by
old
ties
and
for
greater
railroad
a
railroad
other
repair
attraction
for
pany
com-
rejected
and
struction,
con-
children
Cases
than
other
any
by
kept
a
ties
pile of
repairing
or
themselves
that
conclude
we
the
upon
while
that
playing
effect
in
N.
L.,
J.
Rep.,
1069,
may
we
case,
entitled
to
about
the
Though
do
not
anticipated
stored.
A
playing
10
Barney
the
of
ties
see
that
from
witness
about
the
;
pecially
es-
Mr.
of
W.
S.
of
discussion
lumber.
not
was
peculiar
of
ment
allure-
company.
inartistically piled,
in
that
facts
the
defendant
danger
manner
swore
refer
plaintiff
no
been
any
the
163
way
Rail-
474;
28
to
the
the
have
may
in
34
Pr.,
Railway,
was
of
yard
are
held
opinion
thorough
that
There
the
duty
ties
We
announced
opinion
recover.
the
question.
principles
are
case
Hendry,
Rep.,
1126.
v.
a
a
How.
elaborate
contains
on
55
W.
Rep.,
and
in
which
the
W.
able
the
S.
26
Cunningham,
such
so
v.
Powell,
v.
S.
been
Vanderbeck
See
25
has
It
injure
themselves
injure
not
making
the
that
see
wood
may
devolve
not
to
them.
McAlpin
bearing
cases
Applying
of
children
Sherwood
Justice
we
;
Crum,
to
this
yard
cases.
457
v.
V.
the
upon
many
Railway
the
of
In
either.
does
law
for
aside
Children
upon
the
owner
placed
so
playing
in
Is
pile of
a
laid
fence?
farm
a
terial
ma-
avocations.
than
rails
of
pile
a
similar
any
other
alluring
more
or
of
deposit
pursuing
people
any
fuel
for
kept
of
place
145
Analysis.
for
should
have
been
which
they
were
children
If
any
seemed
one
ever
fond
tam-
146
Law
with
pered
the
Books
the
testimony.
with
the
Children
and
is
to
jury
the
find
to
its
yard.
had
been
for
the
ordinary
If,
in
opinion
then
defendant.
and
given
been
quoted
that
it
the
the
and
have
the
company
jury,
should
should
court
this
reference
children
the
is
directed
such
care
have
been
have
gone
which
equivalent
a
of
out
instructions
requested
above,
should
of
verdict
the
But
of
authorizing
without
keep
to
which
charge
in
servants
care
the
exercised,
further
have
the
or
yard.
the
plaintiff,
yard,
implied
the
case
track.
the
an
erroneous
the
its
of
out
upon
the
consistently
along
claiming
come
of
whether
question
it
from
appear
not,
ordered
was
for
not
fence
to
court
does
could
for
aspect
Them.
Use
to
it
yard,
ground
the
by
exercised
had
its
possible
given
the
defendant
invitation
any
was
The
no
constructive
In
before,
persistently
were
there
ties
of
use
How
and
to
ing,
say-
for
verdict
the
defendant.
The
Court
judgments
of
Civil
of
Appeals
remanded.
Reversed
and
remanded.
the
District
are
reversed
Court
and
and
the
of
the
cause
Cases
SUPREME
DOBBINS
Analysis.
fob
COURT
OF
RAILWAY
91
Texas,
S.
41
60,
TEXAS.
KANSAS
MISSOURI,
V.
147
"
TEXAS
COMPANY.
W.
Rep.,
66
Am.
St.
Itep., 856.
Appeals
for
the
62,
1897.
Error
District,
Court
the
to
in
of
from
appeal
an
Civil
Dallas
Fifth
District
County
Court.
"
Parks
of
east
the
hundred
several
station
to
the
is
the
off
such
water,
by
the
roadbed
excavation
it
of
and
made
the
passed
track
along
was
culverts
and
on
in
by
its
compelled
to
the
of
right
building
the
the
section
from
having
been
this
depression
sluices
run
way
road.
house,
the
from
to
westward
course
where
water
storm
and
there
error
depression
across
struction
con-
point
roadbed
south
in
the
error.^
the
to
in
of
off
Said
necessary
it
a
carried
lands.
north
without
side
which
surrounding
defendant
situated,
in
^Prior
"
north
yards
now
west
constructed
of
error.
defendant
Justice.
roadbed
the
for
Hall,
Associate
DENMAN,
Letot
plaintiflE in
"
Clark
Alexander,
was,
for
Cerdin,
carry
diverted
south
the
on
In
in
its
thence
the
east
course
on
by
148
Law
the
plank
the
said
forming
within
of
pool
to
on
pathway
the
pool,
house
about
Dobbin
another
section
running
ditches
two
from
finding
a
was
guilty
was
found
favor
of
death
of
less
Civil
court
ground
house
and
the
of
negligence,
the
in
plaintiff
child
Appeals
the
that
there
and
was
and
a
"no
judgment
phase
ing
warrant-
his
nor
of
the
wife
thereafter
a
judgment
from
to
of
evidence
the
Court
the
remanded
cause
the
alone
escaped
time
appealed
was
tiff's
Plain-
pool.
resulting
damages
the
house,
From
pool.
the
the
he
short
be-
ran
there
old,
neither
the
tiff
plain-
and
the
that
tion
sec-
which
circumstances
company
where
reversed
was
for
of
reaching
under
houses
described
side
years
going
company's
track,
of
company,
several
in
above
other
jury
the
the
three
than
drowned
of
persons
the
before
house,
by
by
therefrom,
ditch
on
section
the
feet
The
uniting
child,
used
was
ditch,
pool
the
were
which
200
lived.
this
tween
of
one
said
by
There
a
platform
the
across
of
and
platform
there
generally
platform.
the
deep
this
feet
ten
placed
being
from
and
near
in
plank
some
the
From
postoflSce
within
freight
feet
of
deep.
and
store
a
crossed
was
water
feet
and
several
feet
three
or
for
company
passengers
ditch
a
several
led
which
to
two
water
path
such
cutting
the
by
of
discharge
Them.
Use
to
provided
and
station,
How
and
platform
reception
at
a
Books
trial
the
on
the
which
150
Law
Books
How
and
Them.
Use
to
^
requested
done.
not
which
was
There
the
jury
had
been
or
at
is
evidence
or
is
nor
used
platform
the
to
it
other
child
to
travel
said
There
from
the
section
house
show
to
is
going
in
some
way
imposes
no
duty
be
to
and
to
dence
evi-
no
intended
or
what
by
There
used
those
business
the
pool.
pool.
was
than
that
the
tending
the
from
into
got
evidence
was
record
attempting
pass-way
path
the
concluded
or
reached
upon
law
common
persons
not
be
going
where
case
is
injury
the
from
the
connected
with
of
question
can
the
in
law
keep
only
of
of
a
injured
be
duty
right
predicated
there
imposed
thereby.
of
way
in
by
on
the
in
such
is
its
in
Since
railroad
condition
posed
imcharge
disthe
negligence
failure
law
the
duty
no
a
one
between
duty
for
to
as
where
one
be
upon
may
question
the
of
duty
invitation
and
required
no
his
reached,
not
condition
vigilance
more
If
is
such
distinction
no
owner
in
where
though
former.
care
imposes
its
is
negligence
law
degree
is
the
upon
the
there
exact
may
the
to
considering
adult,
an
law
as
without
infant
an
to
thereon
exists
duty
a
property
In
injured.
whether
his
keep
to
care
use
that
to
in
which
pool
company.
The
a
evidence
have
any
said
any
no
before
child
by
the
traveling
any
that
remove
to
could
of
there
the
route
is
just
path
no
plaintiff
by
to
the
the
to
use
that
use
charge
dismon
com-
care
per-
Cases
thereon
going
sons
and
injured
from
the
child,
than
would
to
into
his
tank
creek
or
learned
to
the
and
V.
V.
P.
doctrine,
sound
principle.
Stout,
17
as
the
were
law
keep
**
Texas,
108
Ind.,
do
impose
upon
property
thereon
without
400;
think
in
its
many
ring
refer-
by
Appeals
facts:
65; Moran
ards
Rich-
659;
Oil
Galveston
915;
of
Indianapolis
they
are
the
Stout
condition
invitation
duty
upon
to
v.
known
there
case
(1)
that
would
based
same
determined,
a
trary
con-
a
Railway
upon
following
In
be
asserting
cases
cases
company
such
have
undertake
Civil
Rep.,
mainly
rest
Cases."
the
his
530.
not
to
down
similar
City
dered
wan-
in
by
Texas,
W.
Rep.,
are
657, and
questions
of
90
for
stated
upon
S.
there
They
Turn-table
three
its
70
but
Wall.,
W.
N.
that
aware
36
it
ourselves
Edwards,
(Mo.),
had
to
Court
the
law
falling
unnecessary
decided
v.
63
Morton,
are
of
in
heretofore
content
cases
C.
Emmelman,
We
will
tation
invi-
an
drowned
above
discussed
it
been
by
principles
opinion
Co.
and
killed
deem
such
neighbor
a
record
the
liable
more
been
been
but
Ey.
found
lands
ably
we
Connell,
V.
V.
T.
Pullman
Co.
and
following
"
M., K.
no
in
be
not
may
evidence
have
was
the
them
the
to
it
151
invitation
no
could
or
jurists
elaborate
is
have
Since
fully
so
its
uninclosed
his
precipice.
been
there
jury
the
its death
without
since
which
Analysis.
fob
use
did
care
to
ing
go-
persons
not
the
be
in-
152
Law
jured?
Books
(2)
child
the
was
negligance,
of
first
and
referred
was
not
the
opinion,
even
that
its
to
if the
third,
first
clearly
was
a
court
correctly
main
force
of
of
in
question
such
guarding
would
satisfactory
of
a
be
drowned
fence,
while
the
go
if
been
the
assume
his
upon
tank,
haystack
with
to
of
a
or
such
been
precipice,
of
in
son
per-
question.
much
more
establish
river,
affirmative
in
care
prudent
this
first
or
was
circumstances.
neighbor's
creek
or
the
canemill
his
the
have
third
justified
upon
imdertaken
affirmative
uninvited
playing
doubt
would
court
had
it
no
The
this
were
similar
the
evidence
the
reasonably
a
under
done
the
in
as
which
upon
used
not
the
verdict.
the
jury
had
mitted
ad-
was
fact
that
the
not
was
affirmative,
the
of
spent
show
to
from
plaintiff; and
by
is
opinion
company
of
woodpile,
courts
was
that
have
assuming
child
settled
have
opinion
The
held
turntable
could
There
question
judge
second
in
disputed
the
the
of
arise,
not
may
determined
were
the
could
the
firmative
af-
an
attention
case;
favor
in
attempting
that
the
The
f
without
we
court's
in
character
a
finding
learned
railroad
the
by
if
tributory
con-
guilty
unlocked
third
the
of
company
question,
to, and,
presence
the
was
turn-table
the
which
to
guilty
old
years
(3)
important
most
answer
called
and
Them.
Use
to
six
leaving
in
negligence
How
and
instead
question.
and
property
or
or
fall
is
off
first
his
injured
cornsheller,
the
If
and
question
Cases
above
stated,
in
would
etc.,
avoid
such
as
and
could
of
they
that
such
of
City
verdict
city,
for
the
the
has
such
of
death
has
is
further
been
for
the
to
suggest
to
the
the
his
of
land
to
or
entice
defendant
in
not
children
the
where
a
in
lot
a
uninvited
and
assuming
in
a
the
this
Stout
defendant
in
child
the
case
liable
after
a
the
the
in
negligence
to
tension
ex-
water,
whether
Involved
whether
of
by
of
of
done
was
as
perience
ex-
logical
owner
court,
was
lives
111., 141,
pool
be
it
doctrine
there
went
guilty
jury.
question
a
question,
upon
sufficiently attractive
and
duty
'*The
accident
an
upheld,
the
not
the
was
who
boy
a
of
saying:
or
there
was
existence
years,
the
which
upon
This
154
holding
would
their
expression
McMahon,
v.
judgment
drowned,
case,
found
recently
Pekin
and
the
was
has
case
etc.,
demonstrate
lose
the
tion
ques-
commoxi
cases
of
application
to
as
say
our
turntables.
upon
rather
for
children
more
his
canemill,
truthfully
as
guard
the
child
the
reported
the
the
or
turntable;
as
than
or
Stout
the
so
doctrine
to
could
they
many
means
etc.,
the
cornsheller
new
dangerous
well
great
a
tank,
to
or
this
that
finding
care
jury
the
ease,
in
canemill
Under
and
Stout
the
reasonable
the
jury,
in
153
warranted
his
whether
as
of
lock
or
injury.
to
foi: the
used
not
attractive
was
be
cases
had
tank,
done
was
most
neighbor
as
as
Analysis.
fob
of
case
of
tender
is
question
premises
into
probability
were
danger,
of
the
154
Law
Books
occurrence
of
further
question
by
the
E.
R.
such
jury.
Co.
the
by
Stout,
Am.
W.
either
find
duty
to
have
exercise
been
holes
populous
passed
have
of
the
in
imposing
measure
could,
private
without
law
of
to
In
of
a
duty
safe
the
and
of
and
unduly
interfering
land,
courts,
ing
yieldowners
wrongs
and
their
premises
little
children,
landmarks
legislative functions
power
of
legal
existed.
none
to
no
ancient
assumed
where
duty
turntables
on
destruction
is
legal
not
S.
jury
a
where
dangerous
law-making
ownership
the
81
is that
a
to
there
unguarded
beyond
cases
cases
the
31
property
though
and
the
these
instances
moral
to
law
these
such
Labrot,
v.
leave
in
of
Cooper,
where
individual
remain
cities
they
cases
the
(Miss.,
v.
of
or
Boyd
authority
etc.
owners
attractive
common
the
Works,
in
care.
guilty
permitting
water
Adm'r
by
negligence
hardships
to
in
imposed
legal
Bransom's
tractiven
at-
to
94, affirming
p.
on
upon
the
plaintiff
v.
difficulty about
impose
before
not
The
154.
1,
of
the
discussion,
Car
Brinkley
Rep.,
they
in
Cases.''
638;
Vol.
Eep.,
without
for
Stendal
also
supra;
submitted
was
such
determined
subject
given
See
Ne^.
Turntable
Ky.,
premises
be
Vicksburg,
The
instructions
judgment
a
the
therefore,
to
of
City
v.
Them.
and,
matter
a
supra.)
bar.*'
at
1897),
'*
the
case
also
(Mackey
V.
Use
to
accident;
an
is
of
jury
How
and
may
compel
with
the
As
a
police
and
doubtless
or
burdening
inclosure
of
Cases
pools, etc., situated
proximity
attractive
civil
and
of
requirements
for
We
do
is
one
his
wish
not
uninvited
one's
the
law
by
trespasser
"
pathway
as
where
one
his
he
owes
premises
owes
injure
has
a
to
to
company
such
to
across
lieve
be-
to
the
cases
that
the
to
keep
the
fact
that
to
intentionally
this
observe
cumstances
cir-
person
upon
not
person
pit
reason
such
a
distinction
confusion.
much
reads
safe, but
even
by
a
assumption
uninvited
the
failure
The
plaintiff
S., which
railroad
duty
the
upon
to
In
night.
at
reasonably
him.
led
But
duty
a
has
duty
the
injure
digs
he
where
pass
based
not
of
cases
evidenced
secretly
land
is set
such
In
be
onto
gun
a
or
breach
may
that
ally
intention-
are
intentionally
intent
will
ages
dam-
going
persons
is sunk
the
such
his
posed
is im-
holding
trespassers.
to
the
allow
or
injuries
pit
upon
not
over
liability is
a
and
another
owner
based
is
liability
it
or
with
duty
a
as
to
such
injure
to
criminal
such
enforce
injuries
where
unusually
comply
to
understood
when
g.,
land
imposed
a
e.
be
for
be
close
before.
not
to
liable
inflicted,
on
but
such
impose
When
properly
may
in
to
as
failure
law.
breach,
not
land
such
courts
its
and
for
both,
or
property
places
dangerous,
liability,
the
settled
thickly
to
private
on
155
Analysis.
for
in
as
error
contends
follows:
construct
that
**In
a
no
roadbed
Art.
case
4436,
shall
without
R.
any
first
156
Law
Books
constructing
the
natural
of
lay
drainage
duty
of
preventing
right
of
way.
the
of
of
water
be
just
in
plaintiff
in
given
onto
until
to
the
it
of
Rosenthal
do
We
power.
325,
the
in
as
became
in
with
There
the
land
and
the
was
enjoyment
some
burden-
road,
as
of
part
water
for
the
his
by
plainly
ing
law-mak-
Railway,
v.
here
backed
was
allowed
nuisance
not
construction
the
this
should
language
offensive.
of
might
contended
was
and
a
the
of
right
very
Rosenthal
conflict
the
accumulation
courts
of
the
regard
not
stagnant
water
that
duty
on
and
intended
its
on
so
of
absence
the
statute.
adjoining
the
the
intention
such
expressing
Texas,
in
error
be
its
drainage
requirement
portions
imposing
as
of
maintain
the
prevent
intended,
with
side
not
was
a
vent
pre-
statute,
and
would
it
the
time
to
to
necessary
leave
such
all
to
evidently
it
to
as
places,
applied
the
If
time
its
on
was
either
of
so
While
some
was
construe
79
from
therein.
when
statute
to
condition
such
in
for
**land."
to
made
'
the
interfering
on
purpose
railroad
the
excavations
way
the
refers
compel
*
necessary
water
statute
land
the
as
company
of
this
the
words
express
"thereof"
of
the
the
unnecessarily
of
The
way.
for
upon
object
drainage
sluices,
accumulation
from
railroad
thereof*
to
the
Them.
or
requires,
imposed
The
natural
right
land
the
Use
to
culverts
necessary
thereof,"
the
How
and
up
remain
to
The
tion
condi-
interfering
property,
and
with
the
Law
158
Books
the
ground
above
the
statute
to
error
How
and
Them.
Use
to
stated, it becomes
here
take
nothing
THE
SUPREME
judgment
enter
his
by
under
duty
our
plaintifE
that
suit, which
is
in
accordingly
done.
SAN
ANTONIO
COURT
"
ARANSAS
COMPANY
92
the
to
District,
R.
W.
G.
R.
in
Court
Stayton,
6, 1898.
"
Scott
for
child,
10
**That
on
track
had
in
the
platform,
it
town
the
error.
This
widow,
a
was
to
suit
ages
dam-
recover
Koss
upon
her
Morgan,
the
usual
intended
16th
day
of
maintained
of
county
commonly
was
in
formal
legations
al-
alleged:
and
the
in
inhabitants,
First
error.
"
Omitting
about
or
a
the
County.
defendant
Justice.
age.
petition
defendant
and
for
for
Appeals
plaintiff in
inflicted
of
years
'
Nueces
Morgan,
injuries
the
the
from
Bro.,
Nannie
by
98.
Civil
Associate
DENMAN,
brought
of
for
RAILWAY
MORGAN.
Texas,
appeal
an
TEXAS.
PASS
NANNIE
V.
June
Error
OF
Alice,
of
known
and
as
used
of
place
Nueces,
and
by
1895,
its main
near
a
June,
a
about
large
called
the
road
rail2500
ing
revolv-
a
table,
turn-
defendant
Cases
for
the
of
purpose
etc., in
**Tlie
said
pivot
on
a
or
trucks
ends
which
moved
along
wood
and
and
of
track,
view
the
it
the
of
been
had
to
its
it
could
of
the
all
parts
the
be
passing
placed
in
such
thereon
the
while
customary
the
close
up
to
prolongation
of
the
sidetrack,
could
be
rolled
car
sidetrack
was
and
turned
standing
in
thereon.
a
regard
in
onto
that
the
ends
of
those
position,
placed
manner
that
position
a
have
sidetrack
said
this
or
it
it would
placed
to
rendered
thereby
than
the
switch
or
exposed
in
when
locomotive
came
of
erected
substructure,
were
and
arranged
so
end
a
its
the
unbroken
side
its
and
by,
in
the
and
of
thereof,
constructed
was
natural
conspicuous
to
track
end
the
in
negligently
the
on
not
was
pit dug
circular
a
and
iron
and
iron,
appliances,
and
proximity
formed
from
at
persons
It
sidetrack,
a
ground
it been
aforesaid.
of
It
pivot.
of
composed
two
revolved,
said
around
wheels
the
turntable
had
same
noticeable
more
in
the
revolving
and
beams,
of
the
defendant
the
that
so
each
and
is usual,
constructed
surface
under
principally
as
but
ground,
iron
track
heavy
material,
constructed,
and
when
which,
revolved
and
by
thereof
placed
circular
a
massive
was
center
were
and
thereof,
supported
was
the
tives,
locomo-
cars,
direction.
turntable
under
railroad
its
turning
different
a
159
Analysis.
for
the
it virtually
so
the
that
same
different
tion
direc-
Around
said
160
Law
turntable
in
for
of
the
the
ends
two
turntable
in
in
an
close
of
way
and
it
the
to
fenced
or
it
and
when
was
suflHcient
to
and
of
fact
the
it
when
that
calculated
was
of
a
same
pastime,
as
when
of
well
and
not
the
to
of
incur
turntable
the
force
to
struction,
con-
account
on
the
same
turntable
said
the
tion
atten-
be
would
ticed
en-
such
and
of
construction
of
method
personal
it
cause
pleasure;
in
machine,
character,
who
was
and
locality
attract
and
nature
as
thereon,
revolve
did
years
the
go
slightest
locked, the
and
tender
to
the
its
easily
amusement
as
so
or
attract
of
for
turntable,
the
as
to
ignorant
children,
said
fastened
children
thereto
could
they
obstruct
principally
but
not
was
to
and
of
Alice
children
the
motion
account
on
appearance,
not
was
in
it
it
dangerous
a
cated
lo-
was
as
to
fastened
or
and
so
the
of
and
choose
was
with
town
freciuented
It
put
rapidly,
revolve
who
locked
not
inclosed
accessible
situated.
was
the
residences,
times
generally
public
which
all
at
was
each
from
there-
turntable
in
might
who
anyone
means
to
around
said
place
proximity
manner
any
the
public
by
projected
moved
The
way
foot-
a
attacked
which
and
for
turntable
lever
and
footway
open
the
scaffold,
or
used
and
or
it revolved.
as
in
intended
thereof,
the
platform
a
beam
wooden
Them.
Use
to
revolving
person
over
and
and
shape,
large
a
How
and
constructed
was
circular
of
Books
injury,
left
ing
operatwould
unfastened
Cases
and
unguarded,
and
in
and
to
other
defendant,
said
danger
to
and
which
be
exposed
16, 1895,
and
and
unfastened,
and
prior
for
regulation
its
officers, agents,
the
care
them
so
and
to
that
and
such
and
servants.
now
rule
wedlock
to
for
said
now
time
present
and
reared
of
date
negligently
so
and
11
a
been
June
16, the
left
said
that
the
it
was
turntable
could
same
so
to
Morgan,
son,
who
up
being
cared
on
about
or
carelessly
and
unguarded
easily be
unguarded
ful
law-
only
years,
now
in
her
an
That
defendant
around,
of
is
is
locked
officers, agents,
tender
and
required
moved
born
plaintiff herein.
by
while
of
of
charge
and
widow
is the
rule
a
in
which
said
to
husband,
minor
has
had
or
June
guidance
fastened
children
the
said
her
by
known
force
and
revolved
plaintiff
of
and
Morgan,
the
well
That
deceased,
Koss
be
not
in
turntable,
securely
of
date
who
Alice
in
unguarded
same
had
it
peril and
the
said
about
said
same
was
the
servants
of
and
ter
charac-
lived
government
and
the
could
it
the
of
who
leaving
and
the
That
dangerous
knew
thereto,
control
keep
the
well
on
hazard
officers, agents,
children
by
sport
and
themselves.
of
the
thereon,
childish
danger
proper
and
machine,
of
the
aware
ride
and
means
exposed
its
fully
was
of
it the
thereby
through
servants,
revolve
knowing
not
they
would
make
ways
diversion,
which
it to
cause
161
Analysis.
for
and
put
in
and
fastened,
un-
tion,
mo-
unfastened
162
Law
the
said
with
Koss
and
without
by
b^
in
each
and
and
nature
of
and
or
had
to
appreciate,
riding
around,
and
ignorant
of
sufficient
of
the
sidetrack
and
of
was
the
toes
caught
track
on
hold
to
of
between
the
turntable
from
end
and
of
the
Koss,
without
the
one
end
and
end
of
the
table,
turn-
on
the
table,
turn-
his
right
of
the
rails
of
the
rails
when
downwards,
the
said
danger,
position
recumbent
attached
and
end
the
onto
table,
turn-
turntable
the
such
any
table
turn-
the
the
push
stepped
sport,
pointing
said
doing,
so
to
lever
motion
his
discretion
at
the
appreciate
aforesaid
a
of
to
knew,
or
revolve
to
in
was
danger
in
was
with
foot
it
injury
themselves
arriving
began
childish
on
On
of
method
the
suflScient
to
were
character
thought
have
desires
they
without
exposed
and
discretion
only
them
caught
while
the
of
thereon.
thereof
end
same
attempting
Dixon
Ashby
bent
in
time
of
thereon,
and
dangerous
and
or
selves
them-
riding
the
the
they
that
risk
or
one
believe
to
reason
and
to
neither
thereon
amuse
fancies
the
turntable
revolving
and
themselves,
danger
the
to
same
plaintiff,
of
and
At
of
the
entered
and
their
same.
ignorant
about
part,
turntable
gratify
the
both
of
knowledge
her
together
old,
years
pleasure,
to
ways
Them.
Use
Dixon,
on
said
with
operating
10
the
and
revolving
playing
then
without
sport
other
to
Ashby
negligence
of
quest
and
Morgan,
himself,
as
How
and
companion,
a
age
in
Books
Cases
of
the
sidetrack,
mashed
badly
had
follows
her
To
overruled,
Appeals,
such
has
company
of
**In
order
in
petition
the
to
to
show
must
both
to
here
upon
it
does
does
(1)
injured;
exercise
to
law
in
the
the
show
not
the
of
cause
this, the
a
duty
a
second
Civil
in
court
of
error
Appeals,
court
upon
in
erred
courts
of
question,
owed
by
to
as
defendant
It
duty.
sole
assault
demurrer
to
of
fendant
deof
required
care
have
the
in
part
on
that
the
duty
alleged
of
degree
the
against
facts
failure
under
a
this
action
The
such
the
Civil
of
said
negligence.
petition
of
to
for
of
assignment
case
and
demurrer.
(2)
the
Court
the
Court
been
rendered
action
that
performance
constitute
not,
a
like
case
a
party
it by
state
been
to
the
such
sustain
to
defendant
brought
complaining
error,
refusing
the
damages.
railway
which
by
$5550,
defendant
the
demurrer,
inflicted
having
having
error
overruled
been
writ
as
age
dam-
demurrer
appealed
company
assigning
overruling
having
judgment
and
plaintiff, the
by
Then
to
actual
so
bones
the
amount
as
general
below
court
the
injuries
alleges
it
cure/*
a
such
judgment
a
that
showing
of
she
prays
the
foot
effect
to
account
petition
in
said
revolved
circumstances
which
she
this
ui^ed
the
of
on
son,
which
turntable
therefrom
taken
plaintiff
upon
the
as
lacerated
allegations
to
for
and
be
to
and
163
Analysis.
for
made
is
that
If
existed.
whether
takes
the
com-
it
164
Law
Books
used
pany
of
in
it
the
the
therefore
confine
The
law
toward
his
public
others
of
latioos
street
for
facts
when
the
follows
however,
of
tJie
is
law
thereon,
for
care
his
does
imposed
to
impose
relieve
the
owner
him
law
as
not
intentionally
state
for
a
injury
an
need
petition
duty,
intent
in
or
can
injure
of
cause
by
action
inflicted
only
other
be
another.
In
show
words
established
upon
a
an
the
him
either
by
ence
pres-
a
duty
not
to
case,
damages
thereon,
such
the
general
injury.
direct
of
ence
pres-
society
for
of
intentional
his
duty
such
while
the
fore
there-
general
of
owner
violation
erty
prop-
wrongful
the
member
and
any
his
of
tion,
rela-
and
of
owner
a
against
Hence
private
reason
although
protection,
upon
the
re-
law.
lawful,
by
upon
various
property
facie
merely
not,
toward
particular
the
that
ties
du-
ing
travel-
lawful.
of
upon
prima
certain
these
the
to
as
duties
duties
are
matter
a
relation
not
does
other
enters
one
his
another,
thereof
as
will
question
person
certain
showing
alleged
a
that
each
We
certain
upon
reason
to
are
duty
When,
owner
the
60.
employer
and
be
not
duty.
carrier
an
require
can
the
to
highway
or
persons
Texas,
such
upon
would
duty,
a
91
the
upon
employee,
thereon,
such
shows
passenger,
toward
a
petition
imposes
his
of
Them.
law
examination
our
the
the
Railway,
v.
Use
to
care
performance
Dobbins
whether
of
degree
reached.
to
How
and
Such
evidence
166
that
to
things
Law
Books
some
classes
ordinarily
such
country,
plows,
and
a
contention
vexatious
Therefore
the
can
rest
upon
do
of
use
the
throughout
find
may
he
that
it be
though
thereon
Railway
91
1059,
91
Where,
premises
and
90
60, and
Texas,
Joske
cases
ordinarily
in
owner
legal
court
property
did
templation,
con-
jury
or
on,
there-
injured
or
thing
some-
him.
attract
Dobbins
way,
Rail-
v.
therein;
Irvine, 44
v.
invitcu-
Peters
v.
S. W.
Rep.,
upon
his
574.
the
however,
which
something
attract
cited
cases
the
others
party
65;
Texas,
country.
the
not,
and
to
ously
seri-
These
a
his
as
care
where
which
that
calculated
;
is
impose
the
that
as
the
invited
Cal., 345
surroundings
to
from
conceded
was
Texas,
115
Bowman,
had
of
that
lead
and
cases.
there
country
Edwards,
v.
such
such
reason,
property
held
property
evidence
any
of
interests
in
his
to
and
principle
sound
the
such
makes
inferred
be
not
of
adoption
vigilance
value
axes,
attractive
and
generally
been
both
are
litigation,
of
business
it has
tion
the
wagons,
contrary
burden
a
impair
cripple
be
the
throughout
use
the
the
infants,
as
ponds,
that
oppressive
such
materially
and
etc.,
clear
would
and
owners
upon
to
existence
is
Them.
such
persons,
haystacks,
it
Use
to
rivers, creeks,
as
dangerous,
to
of
in
woodpiles,
broad
How
and
is
and
maintains
owner
on
account
especially
does
attract
and
of
its
unusually
another,
the
nature
lated
calcucourt
Cases
jury
or
infer
may
him.
where
Where
children
attractive
result
of
a
to
that
child
of
9
Thus
by
an
as
owner
to
first duty
well
as
evidence
injured
any
exists
in
as
and
invited
of
failure
law, he
In
so
involving
far
v.
all
evidence
his
in
petition
to
owner
cause
a
injuries
may
proposition
upon
be
that
while
violation
may
the
by
direct
if the
party
his
injury
that
or
by
he
was
of
reason
required
care
and
case
dangerous
considered
the
imposed
of
the
him
action.
turntable
the
as
of
the
invites
that
that
indicated,
use
is
shown
either
injured
tionally
inten-
circumstances,
be
may
imposed
to
and
Therefore
above
as
;
its
by
or
not
duty
and
cases,
is
that, if he
injured
its violation
states
property
broad
being
subsequently
the
into
Townsend
society
(2)
circumstances.
intentional,
was
drawn
duty
additional
an
his
shows
him
cause
meat.
of
and
one,
avoid
by
or
instincts
was
general
a
member
a
direct
by
second
by
to
shown
that
premises,
care
use
the
be
his
on
of
scent
other
no
and
dog
the
as
unusually
or
known
judgment
the
(1)
see
injure
the
to
near
277.
East.,
we
appeal
just
land,
expect
can
vited
in-
hence
own
be, pictures
to
immature
and
his
on
etc., he
thereon,
Wathen,
one
likely
it will
trap
intended
so
exhibits
one
are
than
baited
upon
he
machinery,
venture
the
that
167
Analysis.
for
owner
other
machinery
to
can
lay
be
cases
or
down
held
vate
prithe
liable
168
Law
without
proof
Books
think
not
We
them
do
it
the
think
to
injure,
be
found,
or
at
and
facts
that
such
issue
The
4
issues
these
think
which
the
B.
C.
this
is
requires
91
Jarrard,
For
error
the
remanded.
be
9
of
statement
S.
42
289,
will
the
to
W.
sustain
be
reversed
intent
as
to
the
be
to
Corby
recognize
that
pleadings,
and
under
system,
our
facts
constituting
Oil
Co.
959.
Rep.,
the
it
make
and
supra,
to
to
ones,
specifically,
Cotton
defense.
or
failing
case
We
presented
seem
the
within
an
issuable
are
by
does
nor
of
fact
stated
East.,
556,
peculiarly
Texas,
judgment
of
presented
action
in
be
nor
discussed.
alleged
be
an
fact,
injure
to
are
issues
S.),
(N.
a
of
cause
be,
should
case
must
the
or
or
do
shows
attractive;
above
should
vitation,
in-
an
we
such
intent
may
case
or
ease
alleges
any
probably
upon.
this
in
neither
invitation
the
as
injure
principle.
principles
such
Hill,
we
of
Them.
explained,
sound
was
the
fact
to
unusually
least
passed
V.
of
the
";lear
it
there
meaning
intent
petition
was
that
Use
above
upon
that
to
been
the
turntable
allege
an
have
think
in
the
either
based
not
invitation,
that
of
these
as
How
and
rer,
demur-
general
and
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cause
v.
APPENDIX.
Paartial
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BibUogra/pky,
Legal
would
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utes
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volumes.
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numbers
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follows:
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Reports,
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Peter's
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Wallace's
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volume
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volumes.
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volumes.
volumes.
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volumes.
volumes.
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volumes.
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Appendix.
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172
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pany
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before
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the
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many
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1880,
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Them.
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eral
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Digests,
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more
of
having
reports.
been
These
INDEX.
of
of
American
57.
Judgments,
Analagous
by,
41.
Api"ellee,
Chandler
from
Finding
Authorities,
Imperative,
Opinion
81-82.
as,
as,
Ratio
Decidendi,
Law,
Regarded
77-82.
Text-books
as,
61-82.
93,
94.
of
8-9.
Definition
10.
of,
State.
Constitutions,
Citations,
Text,
Books,
of
Books
the
Forms
93-99.
of
16.
of.
the
Law,
Written
8.
States,
in
Care
as
68.
Arriving
Affecting
11.
of,
Amendments
Forms
at
Value,
67-
13.
of,
of
Consultation
Copyright
12-13.
to.
of.
Construction
Decision
United
the
11-14.
Adoption
C.
17.
of.
of
Constitution
30-58.
Books
16.
of,
Construction
Law,
Unwritten
11-18.
16.
of.
Adoption
91-92.
10.
of,
Preparation
of
of
Basis
People,
76-77.
Adoption
Books
23-
Statutes,
25.
Constitutions,
B.
as
of
Compilations
Law,
as,
Affecting
70-77.
Conscience
60-82.
Cases
Reported
cision
De-
Case,
as.
of.
74.
as,
Particular
Tests
of,
Judgment
48.
and
Conscience
Community,
48.
Dicta
83-84.
Interstate,
84.
Railroad,
48.
as,
Precedent
14.
Commission,
Cases
Analagous
25.
23-25.
Colonies,
81-82.
Direct,
29.
Codes,
Codes,
5.
Persuasive,
In
Civil
5.
91-92.
of,
Books
Ordinances,
City
5.
Definition,
Authority,
50-54.
Deaton,
vs.
Citations,
89-92.
Case,
Particular
37.
of,
Table
57-59.
102-168.
Analysis,
For
Judgments
Courts,
Appellate
Authority,
as
81-82.
41.
Appellant,
ion,
Revis-
for
up
41.
41.
Appeal,
Taken
How
27-28.
Statutes,
Annotated
89-92.
102-104.
Case,
a
From,
Authorities
Finding
10.
Constitutions,
of
Analysis
102-104.
of,
Analysis
21.
Legislature,
the
Affirmance
42.
of,
Statement
Acts
42.
of,
Syllabus
Case,
as
to
14.
Judges.
Reports,
43.
39.
176
Index.
Court
Deciding
Case
a
Value
of
fectingDictionaries,
Af-
as
Decision,
65-67.
Court
32-33.
Do
Dissenting
Bfake
They
Law,
84-89.
Decisions,
88-89.
of,
Use
Decisions,
Courts,
of
Digests
93.
Law,
44.
Opinion,
Dobbins
147.
Railway,
vs.
60-61.
Court
Rendering
Opinion,
of
lation
Re-
Question
to
80-81.
Court
Elements
What
Value
of
31-41.
Reports,
Of
E.
cided,
De-
They
Cross
Evansich
87.
References,
99-100.
Railroad,
vs.
Evidences
the
of
What
Reasons
45-50.
Is,
Pact
Jurisdictional
tions,
Ques-
Authority,
as
Particular
Case,
Arriving
in
Case
at,
Conformity
Rendering,
of
Element
Digests
of
as
by
Court
Illustration
Affected
by
67.
and
as
Upon
Index,
Interstate
Decision
to
50-58.
Dicta,
5.
Authority,
Imperative
ed,
Render-
Which
98.
sion,
Commis-
Commerce
83.
of,
Digests
Tribunals
Of
islature,
Leg-
L
78-80.
Decisions,
Call
to
78, 80.
Dependent
of
Power
Court
Lower
Rendering,
Judge
IS.
Laws,
thority
Au-
as
54-56.
Broad.
General
Governor's
19.
System,
Same
an
65-67.
Court
in
Value
G.
84-89.
of,
Value
and
as
Value,
Higher
in
38.
98.
Affecting
as
Value,
Too
90.
90.
68-77.
Court
a
Cases,
Foot-notes,
Principle
to
Precedent
Later
fectingFoot-notes,
Af-
as
67-68.
Value,
Of
77-82.
Cases,
ticular
Par-
from
89-92.
Case,
Older
1.
11.
The,
Authorities
61-
82.
In
Be
Proved,
18.
Statutes,
Federation,
Finding
47-49.
Decisions
Must
Federal
47.
for,
On
135.
3-7.
Law,
F.
D.
Decision,
of,
63-64.
Encyclopedias,
25.
Codes,
cision,
De-
a
Enumeration
37-
Consist,
38.
Criminal
in
not
84-89.
J.
Courts,
83-84.
In
Defendant
Dicta,
47,
Broad
Too
56-
Error,
Joint
4.
Judicial
62.
Lanmia^e
as,
Resolutions,
60,
54-
Judicial
23.
of
Function
61.
System,
78-80.
ment,
Govern-
Index.
43.
Judges,
Judge
177
Rendering
Opinion
its
Affecting
Judgments
Courts,
as
to
Reported
67.
Value,
t
Appellate
o
Questions,
on
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De-
Authority,
as
44.
What
is, 45.
Several
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Language
in
One
Broader
than
sues,
Is-
Opinion,
Expression
of
70-
Based
Public
Persuasive
71-77.
Conscience,
Public
Upon
science,
Con-
Books,
Law
Books
Classification,
5.
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as
4-7.
Law,
Dictionaries,
Courts
Law,
60-61.
lilagazines,
Law,
Presumption
2, 3, 4.
101.
of
Proof
Law,
What
Law,
As
.Case,
Authority,
As
Authority
70-77.
Authority,
as
35-
20.
of,
18.
Preparation
by,
Principles,
Special,
Resolutions
Sessions
of,
75.
95.
Preface,
Opinion,
of
43-44.
60-61.
and
Precedent,
76.
Governing,
tween,
BeConflict
Precedent,
Rules
19.
72-77.
General
Books,
Particular
34-36.
Changed,
How
5.
101.
Law,
Mechanical
a
74.
in
Discussion,
M.
vs.
of
77-82.
of
And
McCoy
Value
As
Principle
Magazines,
erning,
Gov-
68-77.
Value
23.
Legislature,
tween,
Be-
37.
and
Legislature,
Rules
Affecting
6.
General
Conflict
72-77.
Precedents,
70-72.
is,
Publication
Law,
Principle,
Case,
1-2.
Unwritten,
Laws,
And
General
of,
Written,
Law,
Principle,
edge
Knowl-
of, 1.
Law,
And
99-100.
of,
of,
Law
Error,
76.
Make,
Evidences
5.
41.
60-61.
93.
Encyclopedias
Law,
in
of
the
Do
Authority,
Plaintiff
Precedent,
76-77.
Law
Law,
29.
8;
P.
an
Law
and
45-50.
Ordinances,
Public
45.
Between
Decision,
72.
Law
Case,
Distinction
64.
Law,
38.
Reports,
Opinion,
48-60.
and
40.
Cases,
67-59.
Jurisdictional
Law
98.
38,
Notes,
Notes
As
Discussion,
Affecting
105.
State,
Features
70-77.
Value
of
cision,
De-
68-77.
of
Text-
94.
Private
Laws,
18.
Publications
of
Statutes,
26-
28.
N.
National
56.
Bank
Proof
vs.
Fink,
54-
of
Public
the
Opinion
Law,
1-2.
Law,
70-72.
as
Affecting
178
Index.
S.
Question
Decided,
by
Rendering
Court
Opinion,
ed
Affect-
as
Scope
Notes,
of
Secretary
80-81.
Selected
R.
Special
87.
State, 21-22.
Cases, Reports
of, 40.
Session
Laws,
21-23.
18.
Laws,
Publication
Railroad
Commission,
Railroad
Statement
'
58.
Remittitur,
Selected
Of
Case,
Reported
Value
What
Style,
Trial
Regarding
Court,
42.
Statement
the
of
42.
Case,
43-44.
Opinion,
Several
and
Special,
Distinction
18.
of, 20-28.
Reprints
26.
of,
Annotated,
Statutory
27-28.
Compilations,
ion
Opin-
23-
25.
Stare
45.
Between
28.
21-23.
Contents,
23-26.
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One
in
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Case,
44.
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Dissenting
26-
17.
Publication
42.
Statement
of,
18.
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19-20.
State,
41.
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to,
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41-48.
Contains,
it
Supplements
How
41-59.
Case,
a
of
Elements
61-70.
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of
26-27.
Publications
28.
39-40.
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42.
21.
of,
Private
38.
Official,
Report
40.
Cases,
Case,
8-9.
Printing
Reprint,
31.
Reports,
stitutions,
Con-
24-25.
Revised,
27-28.
Annotated,
62.
47;
Decidendi,
of
Statutes,
168.
Morgan,
vs.
Ratio
See
State.
138.
Edwards,
vs.
23.
of,
Constitutions,
12^.
Stout,
vs.
State
83.
Decisis,
Supplements
33-36.
to
45-47.
Decision,
47.
Decidendi,
Statutes,
28.
and
Ratio
Dicta,
47.
What
Parts
tive,
Authorita-
are
48.
As
to
tions,
Ques-
Reversal
of
in
Reversing
and
Part
in
Part,
and
dering
Ren-
58.
Remanding,
57.
And
Rendering
Judgments,
57.
Revised
Contents,
of
Cases,
of
Tests
95.
of
96.
Authority,
60-82.
96.
26-27.
Statutes,
32-83.
Adjudicata,
Res
Table
Table
Jurisdictional
48-50.
Reprints
T.
Text,
Text-books,
As
Mechanical
24-25.
93.
Feature
Table
of
Table
of
Text,
96.
Index,
of,
95.
Preface,
Foot
Statutes,
93-99.
Authority,
Contents,
Cases,
notes,
98.
98.
96.
95.
94.
179
Indbx.
Title
Treaties,
V.
37.
Page,
28.
8;
Value
Reported
in
Volume
of
of
what
37-38.
Consists,
U.
61-70.
Case,
Reports,
W.
Unofficial
Reports,
Law,
Unwritten
Books
Enumeration
of,
39-40.
5,
Writ
6.
of
Written
30-58.
of,
30.
INDBX
Digests,
Includes
TO
APPENDIX
U.
S.,
Reports,
U.
S.,
Statutes,
U.
S.,
172.
170.
169.
Error,
Law,
41.
5-6.
Ordinances,
29.