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: 467
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1875.] HOUSTON & TEX. C. R. Co. v. HODDE & WERNER. 467
"and in the discharge of his duties at the time and place
"charged."? It devolved on the defendant to show that he
was at the time a peace officer, the fact being one which may
be supposed to be peculiarly within his knowledge and easily
proved. But the section of the law under which the indictment
was found, does not go further, as the court did, and
require that he should show that, at the time and place charged,
he was in the discharge of his duties as such. The whole statute
is loosely framed, and some of the provisions of the first
section would seem to indicate an intention to limit the privilege
of a peace officer in carrying the weapon round, to
cases when he was in actual service. We do not think, however,
looking at the whole'law, and especially to the third section,
under which the indictment was found, that it admits of
such a construction. For the error in the charge of the court,
the judgment is reversed and the case remanded.
Reversed and remanded.
HOUSTON & TEXAS CENTRAL RAILWAY CO. V. HODDE
1. COMMON CARRIERS.-CHARGE OF COURT. In a suit against a common
carrier for damage to cotton bales, and where the issue is, whether the
cotton bales were received or in effect delivered to defendant, and where
the testimony on such point is conflicting, it is error in the court in the
charge to the jury to call attention to evidence about which there could
be no doubt, and instruct that such facts prove a delivery, and the consequent
liability of defendant.
2. DELIVEIY TO A COMMON CARRIER. The placing cotton on the wagon or
car of a carrier, or near his boat or warehouse, is not a delivery, unless
some regulation of the carrier or custom existing between the carriers
and the public makes it otherwise, or notice is given to the carrier,
or his agents or authorized servants.
A.PPEAL from Harris. Tried below before the Hon. James
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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/m1/475/: accessed August 18, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .