Cases argued and decided in the Supreme Court of Texas, during the latter part of the Tyler term, 1874, and the first part of the Galveston term, 1875. Volume 42. Page: 187
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1875.] AnRSTRONG V. PARC13AN. 187
Opinion of the Court.
the stakeholder the money or property placed in his hand as a
Wager on its result.
The appellant insists that the race upon which the money
and property for which he sues was bet, was not, in fact, run,
and that the failure of his horse to start in the race was not
attributable to any fault of his, but solely to the time and manner
of giving the word for the starting of the horses by the
party by whom, under tie terms of the race, the word was to
be given, and his calling, immediately afterwards, for the other
horse to stop.
-By the terms of the contract for the race, the horses were
"to come up to the mark and start at the word Go!" As
appellant's horse was not turned loose, and did not start in the
race, his right to demand a return of the stake depended upon
the fact whether, under the circumstances under which the
word " Go!", was given, and its almost immediate recall, the
word was fairly and properly given, so that it was his duty to
have turned his horse loose; or, whether by his failure to do
so, lie, in effect, yielded the race to the oter party. Or; to
state it more concisely whether, owing to the time and manner
f giving the word and its recall, appellant, without default on
his part, was prevented from making a fair test of the speed of
To guide the jury in determining this issue, the court, in
effect, instructed them that they should find for appellee if the
party who gave the word acted in good faith and in accordance
with the agreement of the parties, and the judges appointed
by them adjudged the race in his favor, whether appellant's
horse started, ran through, or not. And also, "when parties
"aagree to run a horse-race, and appoint judges to decide it,
"their decision is final unless it be shown satisfactorily to the
"jury that said judges acted flraudulently in adjudging said
These instructions withdrew from the jury the determina
tion of the question whether or iot there had been a fair race
as stipulated in the agreement between the parties, and sub
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Texas. Supreme Court. Cases argued and decided in the Supreme Court of Texas, during the latter part of the Tyler term, 1874, and the first part of the Galveston term, 1875. Volume 42., book, 1881; St. Louis, Mo.. (texashistory.unt.edu/ark:/67531/metapth28531/m1/195/: accessed March 20, 2018), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .