The Texas Reports; Cases Adjudged in the Supreme Court ... Volume 71

The Texas Reports; Cases Adjudged in the Supreme Court ... Volume 71

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1889 edition. Excerpt: ...was made so by special damage resulting from its improper publication, and defendant knew it to be false, malice might be presumed or inferred by the jury. We do not think it would be correct to call the attention of the jury to any fact from which they might infer malice, but they should have been informed that it could be inferred from facts and circumstances. (Townshend on Slander and Libel, 348-351; Odgers on Libel and Slander, 265-267; Townshend on Slander and Libel, pp. 129--133, secs. 87-89; Willis & Brother v. McNeil, 57 Texas, 465; Stansell & Younger v. Cleveland, 64 Texas, 660.) The foregoing views will dispose of all the errors complained of on account of the charge of the court and of refused charges. The list inquired about, in the interrogatories propounded to the witness Fred Richmond, is shown by bill of exceptions number four to have been in the possession of Funnell, assistant superintendent of the International 8: Great Northern Railway, one of the lines at that time operated by defendant, and Funnell swears he had in his possession one or more of such lists, and that he returned them to Joseph Herrin, superintendent, by his order. It is thus traced into the possession of defendant. Richmond says he has not possession of the list or control of it. Plaintiff gave notice to defendant to produce it on the trial. These being the facts, on the failure of defendant to produce the list, plaintiff was entitled to prove the contents of it by secondary evidence. It seems the four bills of exception refer to the same list. If they do, and Funnell as assistant superintendent had it in his possession, plaintiff could prove its contents by parol. The evidence was admissible to show the animus of the defendant. It was not more

Product details

  • Paperback | 336 pages
  • 189 x 246 x 18mm | 599g
  • United States
  • English
  • black & white illustrations
  • 1236966813
  • 9781236966810