Sabine & East Texas Railway Co. v. Brousard

Citations

• 69 Tex. 617
• 7 S.W. 374
• 1888 Tex. LEXIS 907

Syllabus

<p>1. Depositions. — The only method by which it can be known that what appears to be the answers of a witness taken through written interrogatories and a commission within the meaning of the law, are such anwers, is by the certificate of the officer to the fact that the answers of the witness were signed and. sworn to by the witness before him. The certificate of the officer must show that what purports to be the answers of the witness, became such by his signing and swearing to them before such officer. Unless this is shown, the depositions are not admissible in evidence.</p> <p>3. Pleading. — Though the facts upon which a recovery is sought may be stated with more minuteness of detail than is necessary, this ordinarily, will not render the plea subject to demurrer.</p> <p>3. Evidence. — The opinion of a witness as to questions of time, quantity, number, distance and the like, when it is shown that he was in position, and had the means of forming an intelligent estimate, is sometimes admissible as the best evidence that can be obtained.</p> <p>4. Measure of Damages. — Though the measure of damages for the destruction of grass caused by an obstruction alleged to have been erected by defendant, which prevented the natural flow of water, is the value of the grass when the overflow occurred; yet when the overflow is of such long duration as to destroy the use of the land for pasturage and prevent thereafter the growth of grass, that fact may be considered as an element of damage.</p> <p>5. Damages Prom Overflow. — If a structure placed over a stream does not obstruct the natural flow of water, except in an extraordinary flood which could not be anticipated by any ordinary prudence, no damage can be recovered for an injury from an overflow.</p> <p>6. Charge of the Court. — A charge of the court which, in addition to giving the law applicable to the case, proceeds to suggest the methods by which the jury may estimate in reaching their conclusions under the law as charge