Cases argued and decided in the Supreme Court of the State of Texas, during the latter part of the Galveston term, 1884, and embracing the greater part of the Austin term, 1884. Volume 61. Page: 24
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21 EVANSIOH V. G., C. & SANTA FE R. R. Co. [Galv. Term,
Syllabus.
to recover up to the established division line. Hefner v. Downing,
57 Tex., 580. Acquiescence was thus fully proven, and the plaintiff
properly recovered the judgment rendered below, and it is affirmed.
AFFIRMED.
[Opinion delivered February 1, 1884.]
F. G. EVANSICO v. THE G., 0. & SANTA FE R. R. Co.
(case No. 1641.)
1. DEPOSITIONS - EXAMINATION OF WITNESS.- It is proper to ask a witness on a
cross-examination any question that may be pertinent to the matter to be
decided by the jury; and any fact to show a bias in the evidence of the
opposite party is admissible whether the same be offered by the examination
in chief or on cross-examination.
2, SAME.- This rule is not confined to such questions as will show bias of the
witness; for the purpose of showing this, or falsity in his main statement,
a witness may be examined upon collateral matters; but it extends to an
examination into all matters connected with the res gestce.
8. CROSS-EXAMNATION OF WITNESS.--On a cross-examination inquiry may be
made into the situation of the witness in respect to the parties and to the
subject of litigation,- his interest, his inclinations and prejudices, his means
of obtaining a certain and correct knowledge of the facts about which he
testifies, the manner in which he uses those means, his power of discernment,
memory and description, may be fully investigated and ascertained.
4. CROSS-EXAMINATION.- While the rule that only such evidence as is relevant
to the matter in issue is admissible applies to the cross-examination as well
as the examination in chief of a witness, it is not applied with the same
strictness to a cross-examination.
5. WITNESS.--- Any fact which bears on the credit of a witness is a relevant fact;
and this whether it goes to his indisposition to tell the truth, his want of
opportunity to know the truth, his bias, interest, want of memory, or other
like fact.
6. PRACTICE - DEPOSITION.- That cross-interrogatories to a witness sought information
regarding matters to which the witness testified in a former deposition
affords no reason for striking them out.
7. DEPOSITION.-See opinion for facts under which it was held that the taking
of the deposition of a witness by the same party a second time in the same
suit was an irregularity, unless done by leave of the court. When done, it
is the right of the adverse party not only to question the witness about all
such matters as were covered by the direct interrogatories in the second
deposition, but also about all matters about which the witness testified in
his first deposition.
. VERDICT.- When there is evidence before the jury, upon which, under the
instructions, the jury would be authorized to return a given verdict, it cannot
be said that such verdict is contrary to the charge given.
9. CHARGE OF COURT.--In an action for damages against a railway company
for injury done- a little child by the company's negligence in leaving un
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Texas. Supreme Court. Cases argued and decided in the Supreme Court of the State of Texas, during the latter part of the Galveston term, 1884, and embracing the greater part of the Austin term, 1884. Volume 61., book, 1903; St. Louis, Mo.. (https://texashistory.unt.edu/ark:/67531/metapth28513/m1/40/: accessed May 3, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; .