Allen v. Frost

5 Citing cases

  1. Stockwell v. Robison, Land Commissioner

    109 Tex. 137 (Tex. 1918)   Cited 1 times

    Williams v. Barnes, 111 S.W. 436; Willoughby v. Townsend, 93 Tex. 80; Ford v. Brown, 96 Tex. 537 [ 96 Tex. 537]; Corrigan v. Fitzsimmons, 76 S.W. 69; Davis v. Yates, 133 S.W. 281; Rose v. San Antonio Mex. G. Ry. Co., 31 Tex. 49; Washington v. Rosario Min. Co., 28 Texas Civ. App. 430[ 28 Tex. Civ. App. 430]; Estes v. Terrell, 99 Tex. 622, 92 S.W. 407; Jones v. Robison, 104 Tex. 70. B.F. Looney, Attorney General, and G.B. Smedley, Assistant, for respondent Robison, cited: Pohle v. Robertson, 102 Tex. 274; Metzler v. Johnson, 1 Texas Civ. App. 137[ 1 Tex. Civ. App. 137], 20 S.W. 1116; Mound Oil Co. v. Terrell, 99 Tex. 625; McGee v. Corbin, 96 Tex. 35 [ 96 Tex. 35]; Lester v. Elliott, 26 Texas Civ. App. 429[ 26 Tex. Civ. App. 429], 63 S.W. 916; Allen v. Frost, 31 Texas Civ. App. 232[ 31 Tex. Civ. App. 232], 71 S.W. 767. Hudspeth, Dale Harper, for respondent Hudson, cited: Byrne v. Robison, 103 Tex. 20; Marshall v. Robison, 191 S.W. 1136; Sherrod v. Terrell, 97 Tex. 166; Jones v. Robison, 104 Tex. 70 [ 104 Tex. 70]; Sanford v. Terrell, 87 S.W. 656.

  2. S.K. Ry. Co. v. Cooper

    32 Tex. Civ. App. 592 (Tex. Civ. App. 1903)   Cited 7 times

    The jury should be left to determine this matter in view of all the surrounding circumstances. See Allen v. Frost, 31 Texas Civ. App. 232[ 31 Tex. Civ. App. 232], 6 Texas Ct. Rep., 495, 71 S.W. Rep., 767. Every railroad crossing where the right of way is fenced forms a place or pocket into which horses may go, and "from which there are but two ways of egress, one of which is over the railway track," and such place is necessarily "dangerous to stock," which "may be induced on the passing of trains to go across the railway track from such point in an effort to escape trains and be killed thereby," yet no court could hold that this constituted negligence upon the part of the railway company.

  3. White v. Epperson

    32 Tex. Civ. App. 162 (Tex. Civ. App. 1903)   Cited 11 times

    We think these objections are all tenable. Mayo v. Tudor, 74 Tex. 471, 12 S.W. Rep., 117; Mitchell v. Mitchell, 80 Tex. 101, 15 S.W. Rep., 705; Allen v. Frost, 31 Texas Civ. App. 232[ 31 Tex. Civ. App. 232], 6 Texas Ct. Rep., 495; Schwartzman v. Cabell, 49 S.W. Rep., 113. Similar objections are urged to the sixth paragraph of the court's charge, which is as follows: "Any person leaving his homestead with intention to return and live on it, may during temporary absence therefrom offer the same for sale without forfeiting his homestead right thereto, that is to say one may offer his homestead for sale and this fact will not, of itself, constitute an abandonment of the homestead.

  4. Lasater v. Poage

    239 S.W. 319 (Tex. Civ. App. 1922)   Cited 2 times

    Under the pleadings and the evidence in the case, the court was not authorized to decide this issue, but should have submitted it to the jury. In addition to the statutory provisions above stated, see Allen v. Frost, 31 Tex. Civ. App. 232, 71 S.W. 767, and authorities there cited. In connection with the issue as to whether or not appellee was the procuring cause of the sale, appellant requested certain explanatory instructions, which grouped the facts relied upon by him as a defense on this issue, and which instructed the jury to find in the negative thereon, if they should find the existence of such facts.

  5. State v. Haley

    142 S.W. 1003 (Tex. Civ. App. 1912)   Cited 3 times

    Such charge was argumentative, upon the weight of the evidence, and invaded the province of the jury and should not have been given. In Allen v. Frost, 31 Tex. Civ. App. 232, 71 S.W. 767, in defining an actual settler, the trial court charged that: "An actual settler on school land is one who has, in good faith, established his residence thereon for the purpose of making his home thereon. It is not necessary for him to have his wife or family on the land at the very time he makes such settlement, if in fact he has himself in good faith established his residence upon the land with the bona fide purpose and intention of making his home upon the land.