Sawyer v. Dulany

Citations

• 30 Tex. 479

Syllabus

<p>The 86th section of the act to regulate proceedings in the district court means any instrument in writing upon which the action is founded, in whole or in part, whether executed by the party himself, or by another with his authority. (Paschal’s Dig., Art. 1443, Note 549.)</p> <p>It is only necessary that the instrument be in writing, and be signed by the party, or by some other person for him ; and if it be stated that it was so signed, it is evidence, without further proof, unless the party plead non est ■ factum under oath.</p> <p>A receipt for stage fare, signed by the contractor, is an instrument in writing within the meaning of article 1443.</p> <p>The receipt read as follows: “ Received of N. Dulany $42 00, his stage fare for three seats from Navasota to Waco, Sawyer & Co. per W, B. Bates. IIoustoh, February 24, 1860.” The legal purport of this contract is, that the carriers agreed to convey three passengers by stage-coach from Navasota to Waco; and they further promise to provide careful drivers, of reasonable skill and good habits, for the journey, and not to overload the coach with either passengers or baggage, and to take care that the weight is suitably adjusted, so that the coach should not be top-heavy. (Paschal’s Dig., Art. 452, Note 329.)</p> <p>Where the stage-coach was so carelessly driven by a drunken driver that h,e capsized the coach and greatly injured a female passenger, causing her to miscarry, the carrier is liable for all the immediate results, and he cannot complain that such passenger was not in a condition to have a stage upset.</p>