*1
(Tеx.
243 SOUTHWESTERN REPORTER
912
F. A.
the Panhandle
which
tion
an
The
inadmissible
4.
fendant
admissible to show
as a
er the
was not
ligence
E.
where the evidence
establish
3. Carriers
ny.
2. Witnesses
to refresh his
inadmissible
orandum book.
tion
entirety,
1.
(Court
sible
instrument
as a
tablish
as to
book.
properly refused,
refresh
admissible from inadmissible
ment
Madden,
Culton
PANHANDLE
BOYCE,
Action
Aрpeal from Swisher
See, also,
n =85 —Not
Trial Trial
entirety,
Swepston,
If
There
In аn action
The
trial
whole,
to
to
From a
Cooper,
June
an
the cоmmission
instrument
whole.
evidence,
"the admission
objected to as
on its
negligеnce,
of Civil
the admission of
trial court
<§=85
appeals. Affirmed.
entitled to
сontributory
to
instrument
by
memory
&
was
On
court
contributory negligence, defendant
<S=>230(I) Peremptory
there
28,
Trulove,
J.
evidence is offеred
Taylor, of
225 W.
parts
to
separate
containing
J. C. Cowan
@=255(2) Propеrly
memory by
Motion for
et al.
Judge.
—Court
all
no error
part,
separate
&
1922.
judgment
Oct.
was
[1]
S.
Appeals
when offered and
&
is no reversible
of
by
Santa
thereof.
against
be admitted
and
S. F. RY. CO. v. COWAN
was
when evidеnce
made an issue
The account sales
a
Amarillo,
reference to memorandum the
App.
containing
error
4, 1922.)
(No. 2006.)
and did not
not
Ryburn
the admissible from
entirety.
—
negligence.
company
—
not
Rehearing
peremptоry instruction.
did not
185.
admissible and
in
of
not
Tulia,
the
F6
reference
Rehearing.
priсe
of Texas. Amarillo.
an
a
permitting required,
and others
County
required
the
fоr
a
to
required,
Railway Compa-
admissible from
instrument as
carrier
admit
&
and
сonclusively
parts of
instrument as
plaintiffs,
or
per pound
for
for
admissible
sоld the
error,
Pipkin
Denied
permitted to
to
rejected.
conclusively
objected
Court;
objected
to
made issue
as
appellant.
instructiоn
appellees.
on
or
on
his mem-
of
inadmis-
separate
against
to
witness
wheth-
objec
instru- weight
hogs.
objec-
reject
hogs, of
was
and
neg-
and
de-
the
es-
at
J.
to
to
an
W.
no reversible
be admitted or
the
Co. Washburn
admissible аnd inadmissible
fered and
thorities
request
rule works
the case falls within the
the instrument
ber of reasons were advanced
not
secondary
the
of the
any
Aрp.)
ligence
did
small for consideratio
was not
Denver
therefrom.
but
ablе that
808.
Of
by
gument
A. & A. P.
witness J.
v.
contributory negligence
the
393,
no
evidence under the cirсumstances.
Q.,
N.
685,
G., H. &
the
The motion is overruled.
Affirmed.
The
[4]
We
[3] The evidence
We do
[2] There was no error in
582
Burke,
cоsts
entering appearance
Y.,
trial court.
admissible, among
reversible error
reference
A.
weights
account sales
v.
on
assignment.
not
inadmissible
43 S. W.
