Comments of judge on evidence, or witnesses, see Criminal Law, § 656. Exceptions to evidence, see Trial, § 105. Instructions as to rules of evidence, see Crim- sion of province of jury, see Trial, §§ 191-194. Newly discovered evidence ground for new trial, see Criminal Law, §§ 938, 939; New Trial, §§ 99-104. Objections to evidence, see Criminal Law, § 695; Trial, § 83. Questions of fact for jury, see Criminal Law, 88 743-768; Trial, §§ 139, 143. Reception at trial, see Criminal Law, § 673; Trial, 88 55–105. As to particular facts or issues. See Accord and Satisfaction. § 26; Acknowledgment, § 59; Adverse Possession. §§ 95, 114; Compromise and Settlement. § 23; Dedication, 44; Deeds, § 207; Easements, § 36. Abandonment of public lands, by grantee, see Agency, see Principal and Agent, § 20. see Bar of statute of limitations, see Limitation of Actions, & 195. Cause of death, see Death, § 76. Cause of injury, see Negligence, § 121. Character of transaction as mortgage or other contract, see Mortgages, § 38. Community or separate property, see Husband and Wife, § 264. Compensation for property taken for public use, see Eminent Domain, §§ 202, 203. Consideration of contract, see Contracts, § 88. Contributory negligence of servant injured, see Master and Servant, § 281. Damages, see Damages, §§ 163-185. Damages for appropriation of land for public use, see Eminent Domain, § 203. Delay in transportation or delivery of goods, see Carriers, §§ 104, 185. Delivery of goods to carrier, see Carriers, § 52. Desertion, as ground for divorce, see Divorce, § 133. Execution of deed, see Deeds, § 207. Fraud or undue influence in procuring execution of will, see Wills, §§ 163, 166. Fraudulent conveyance, see Fraudulent Conveyances, §§ 298, 301. Gambling transactions, see Gaming, § 49. Good faith of purchaser of land, see Vendor and Purchaser, § 244. Insolvency of consignee, see Carriers, § 76. Location of patents, see Public Lands, § 151. Loss of or injury to goods in course of transportation, see Carriers, §§ 132-134, 185. Mental capacity, see Marriage, § 60. Mental incapacity of deponent, see Depositions, & 83. Negligence of master causing injury to servant, see Master and Servant, §§ 270, 278. Offer and acceptance of contracts, see Contracts, 28. Payment, see Payment, § 65. Personal injuries and physical suffering, see Value of goods damaged in course of transportation, see Carriers, § 134. Value of property taken for public use, see In actions by or against particular classes of persons. See Carriers, §§ 104, 132-134, 185, 228, 316- Insurance companies, see Insurance, § 819. See Mandamus, § 168; Trespass to Try Title, In particular civil actions or proceedings. $ 38. Condemnation proceedings, see Eminent Domain, §§ 202, 203. For breach of contract to construct railroad fence, see Railroads, § 104. For breach of warranty of goods sold, see Sales, § 440. For causing death, see Death, §§ 69, 76. For delay in transportation or delivery of goods, see Carriers, §§ 104, 185. For delay in transportation or delivery of live stock, see Carriers, § 228. For divorce, see Divorce, § 133. For injuries at railroad crossings, see Railroads, 348. For injuries caused by lightning by using telephone, see Electricity, § 19. For injuries from defects or obstructions in streets, see Municipal Corporations, § 818. For injuries from fires caused by operation of railroads, see Railroads, §§ 481, 482. For injuries from negligence, see Negligence, $$ 121, 134. For injuries to animals on or near railroad tracks, see Railroads, §§ 441, 443. For injuries to passengers, see Carriers, §§ 316-318, 346. For injuries to persons on or near railroad tracks, see Railroads, §§ 396, 398. For injuries to persons on or near street railroad tracks, see Street Railroads, §§ 112-118. For injuries to servants, see Master and Servant, $8 265-281. For loss of or injury to goods in course of transportation, see Carriers, §§ 132-134, 185. For loss of or injury to live stock in course of transportation, see Carriers, § 228. For price or value of goods sold, see Sales, §§ 35S, 359. On account stated, see Account Stated, § 19. On gambling contracts, see Gaming, § 49. To abate or restrain nuisance, see Nuisance, 33. To annul marriage, see Marriage, § 60. To reform written instrument, see Reformation of Instruments, § 45. To set aside transfer in fraud of creditors or subsequent purchasers, see Fraudulent Conveyances, §§ 298, 301. In criminal prosecutions. See Assault and Battery, §§ 89-91; Burglary. §§ 38, 41; Criminal Law, §§ 304-543; Disorderly House, $$ 16, 17: False Pretenses, § 49; Homicide, $$ 158-253; Larceny, 88 57, 58; Rape, $8 40-51. Violations of liquor laws, see Intoxicating Liquors, §§ 224–236. Review and procedure thereon in appellate courts. Matters considered in determining questions, see Appeal and Error, § 837. Matters not apparent of record on appeal or writ of error, see Appeal and Error, § 715. Record for purpose of review, see Appeal and Error, § 524. Review of rulings as dependent on prejudicial nature of error, see Appeal and Error, $$ 1047-1058. Review of rulings as dependent on presentation of evidence in record, see Appeal and Error, § 692; Criminal Law, § 1120. Review of rulings as dependent on specification in assignment of errors, see Appeal and Error. § 728. Review of rulings as dependent on taking of exception in lower court, see Appeal and Error, § 260; Criminal Law. § 1054. Review of sufficiency of evidence, see Appeal and Error, §§ 995-1011; Criminal Law, §§ 1158, 1159. I. JUDICIAL NOTICE. In particular civil actions or proceedings. For injuries from negligence, see Negligence, § 121. For injuries to passengers, see Carriers, § 316. For injuries to persons on or near railroad tracks, see Railroads, § 396. For injuries to persons on or near street railroad tracks, see Street Railroads, § 112. For injuries to servants, see Master and Servant, § 265. For loss of or injury to goods in course of transportation, see Carriers, § 132. $ 54. A presumption of fact cannot be made the basis of another presumption in arriving at a conclusion of fact.-St. Louis Southwestern Ry. Co. of Texas v. McIntosh & Carlisle (Tex. Civ. App.) 692. $77. Failure of plaintiff to produce witnesses held a strong circumstance against her.-McClanahan v. St. Louis & S. F. R. Co. (Mo. App.) 535. $ 80. It is presumed that the common-law rule as to the validity of speculative transactions in stock obtains in another state, in absence of a showing that it has been modified by statute there.-Atwater v. A. G. Edwards & Sons Brokerage Co. (Mo. App.) 823. $83. Duplicate swamp land certificates and sumed to be properly issued.-Belcher v. Harr deeds to lands purchased with them held pre(Ark.) 714. III. BURDEN OF PROOF. As to particular facts or issues. Bar of statute of limitations, see Limitation of Actions, § 195. Fraud or undue influence in procuring execuConsideration of contract, see Contracts, § 88. tion of will, see Wills, § 163. Good faith of purchaser of bill or note and payment of value, see Bills and Notes, § 497. Payment, see Payment, § 65. In criminal prosecutions, see Criminal Law, Prejudice from error in trial court, see Appeal 304. $5. The Court of Appeals will take cognizance of the universal belief among lawyers of the highly prejudicial effect on defendant in a personal injury action of an intimation that defendant is protected by emplover's liability insurance.-Trent v. Lechtman Printing Co. (Mo. App.) 238. $ 11. The court will take judicial notice, if necessary, of the facts of contemporary history in order to properly construe a statute.-Childress v. Southwest Missouri R. Co. (Mo. App.) 169. 20. The jury cannot take judicial note that all railroad engines emit sparks and cinders which may be blown by the wind a given distance.-St. Louis Southwestern Ry. Co. of Texas v. McIntosh & Carlisle (Tex. Civ. App.) 692. § 23. Courts judicially know the quantity of land in a league.-Long v. Shelton (Tex. Civ. App.) 40. II. PRESUMPTIONS. As to particular facts or issues. See Acknowledgment, § 59. Abandonment of public lands by grantee, see Public Lands, § 170. Cause of injury, see Negligence, § 121. Constitutionality of statutes, see Constitutional Law, § 48. Damages, see Damages, § 163. and Error, § 1032. IV. RELEVANCY, MATERIALITY, AND COMPETENCY IN GENERAL. (A) Facts in Issue and Relevant to Issues. In criminal prosecutions, see Criminal Law, $$ 339-368. § 111. In an action by a consignor of goods brought against a bank discounting the draft drawn against the goods on their reconsignment by another than the consignee, and taking possession of the goods, certain evidence held admissible to show a ratification of the disposition of the goods.-Smith v. Jefferson Bank (Mo. App.) 810. (B) Res Gestre In criminal prosecutions, see Criminal Law, §§ 364-368. $125. Certain matters held admissible in a personal injury case as res gestæ.-Missouri, K. & T. Ry. Co. of Texas v. Johnson (Tex. Civ. Loss of or injury to goods in course of trans-App.) 672. portation, see Carriers, § 132. $126. Insured's statement, made a few secRatification of act of agent, see Principal and onds after he was hurt, to the first person who Agent, § 169. reached him, as to how the accident occurred. previous to the trial which tended to show any of the material facts upon which the plaintiff relied for a recovery, were admissible against him as substantive evidence.-Texarkana Gas & Electric Co. v. Lanier (Tex. Civ. App.) 67. (D) By Agents or Other Representatives. § 243. In an action for injuries to a passenger, the conductor's statement, made after the injury as to the manner of the injury, held Electric Co. v. Dickey (Tex. Civ. App.) 332. not admissible as an admission.-Galveston VIII. DECLARATIONS. (A) Nature, Form, and Incidents in Gen eral. § 271. In an action on a note, evidence of declarations by plaintiff's vice president held inadmissible as self-serving. First Nat. Bank v. Pearce (Tex. Civ. App.) 285. IX. HEARSAY. § 317. Statements of an agent, made in his principal's absence, explaining the indefinite terms of a contract made by the agent in his behalf, are not objectionable as hearsay in an Men's Ass'n v. Lester (Ark.) 712. action on the contract.-Arkansas Retail Credit § 317. In an action on an accident policy, the widow of assured was not entitled to state what her husband said to her concerning the accident.-Fidelity & Casualty Co. of New York v. Cooper (Ky.) 111. § 317. One suing for personal injury held not entitled to testify to what his doctors said to him relative to his condition.-Louisville & N. R. Co. v. Lynch (Ky.) 362. § 317. In an action by an assignee of a part of the purchase price for land contracted to be sold, certain testimony held inadmissible as against the purchaser.-Dibrell v. Fisher (Tex. Civ. App.) 905. § 318. In an action against a railroad for damages to plaintiff's shipment of poultry, certain testimony as to defendant's records held hearsay and inadmissible.-A. B. Patterson & Co. v. Gulf, C. & S. F. Ry. Co. (Tex. Civ. App.) 336. § 318. The admission of an unsworn and ex parte written statement on a material point is error.-Fletcher v. First Nat. Bank (Tex. Civ. App.) 936. § 318. The testimony of a witness, not based on his personal knowledge of the facts, but on records kept and information given by another, is inadmissible as hearsay.-Postal TelegraphCable Co. v. S. A. Pace Grocery Co. (Tex. Civ. App.) 1172. X. DOCUMENTARY EVIDENCE. Record for purpose of review, see Appeal and (B) Exemplifications, Transcripts, and $341. Under Ky. St. §§ 2725, 2739 (Russell's St. §§ 2463, 2489), reports of the inspector of mines held official public documents, so that certified copies thereof are admissible in evidence.-Henderson Min. & Mfg. Co. v. Nicholson (Ky.) 139. (D) Production, Authentication, and Ef fect. $370. The deed of a bank receiver on the sale of land held inadmissible in evidence without proof of the receiver's authority to sell.Hutchinson v. Patterson (Mo.) 403. $222. Where person was a party defendant and also a witness, any statements made § 373. Letter received in due course of mail | v. North-Mehornay Furniture Co. (Mo. App.) in answer to previous letter held sufficiently au- 988. thenticated for admission in evidence.-Barham v. Bank of Delight (Ark.) 394. § 460. Testimony as to statements of a subscription agent to a subscriber for a credit guide held to be competent to ascertain whether the contract to furnish the same was complied with, and not to vary or contradict its terms.-Arkansas Retail Credit Men's Ass'n v. Lester (Ark.) 712. XII. OPINION EVIDENCE. In criminal prosecutions, see Criminal Law, §§ 448-459. (A) Conclusions and Opinions of Witnesses in General. § 471. Testimony of a witness as to whether or not a party signing a deposition understood the same, held not objectionable as consisting of conclusions.-Sarro v. Bell (Tex. Civ. App.) 24. § 474. In an action against a railroad for failure to furnish cars to transport plaintiff's logs, witnesses who were timber shippers were competent_to_testify to a car shortage.-Shoptaugh v. St. Louis & S. F. R. Co. (Mo. App.) 752. $489. Plaintiff's testimony as to value to him of goods held improper proof of their value. Galveston, H. & S. A. Ry. Co. v. Giles (Tex. Civ. App.) 282. § 493. Defendant railroad company's superintendent of traffic may testify that a delay in the shipment of live stock was occasioned by the necessity of holding the freight train for a passenger train, which had the right of way. Missouri, K. & T. Ry. Co. of Texas v. Howell (Tex. Civ. App.) 899. § 501. Plaintiff's testimony, in an action for damage to clothing and other dry goods, as to their value to him, without stating any facts on which the jury might base its judgment as to the their value, was inadmissible.-Galveston, H. & S. A. Ry. Co. v. Giles (Tex. Civ. App.) 282. (B) Subjects of Expert Testimony. § 505. In an action for causing the death of plaintiff's wife, a question as to what kind of pneumonia caused her death held competent.Hartzler v. Metropolitan St. Ry. Co. (Mo. App.) 760. § 514. An engineer, suing a railroad for injuries in a collision, held entitled to testify whether he had his engine under control within the meaning of the rules of the railroad regulating the operation of trains.-International & G. N. R. Co. v. Brice (Tex. Civ. App.) 613. § 514. In an action for injuries to an engineer in a rear-end collision at a station, certain testimony of the engineer and of the conductor of his train and of the conductor of the forward train held admissible.-International & G. N. R. Co. v. Brice (Tex. Civ. App.) 613. § 528. In an action for injuries to a railway passenger, a question to a medical witness as to disposed sufferers therefrom to a nervous affecwhether or not railway accidents peculiarly pretion in question, and his answer thereto, held competent evidence.-Arkansas Southwestern R. Co. v. Wingfield (Ark.) 76. (C) Competency of Experts. § 536. A physician without actual experience as to the subject of investigation held entitled pertaining to his profession based on knowledge to express an opinion as an expert on a matter derived from books.-Arkansas Southwestern R. Co. v. Wingfield (Ark.) 76. § 538. In an action against a telegraph company for error in transmitting a message, certain testimony held competent on the issue whether it used ordinary care to employ skill ful operators.-Postal Telegraph-Cable Co. v. S. | Receipt of goods by carrier, see Carriers, § 52. § 5392. A witness held not to have qualified tation, see Carriers, § 134. § 543. Salvage merchants of many years' ex- 625. 8 543. One held competent to testify as to (D) Examination of Experts. § 558. In a personal injury action certain (F) Effect of Opinion Evidence. XIII. EVIDENCE AT FORMER TRIAL In criminal prosecutions, see Criminal Law, On lost note, see Bills and Notes, § 23. In particular civil actions or proceedings. For divorce, see Divorce, § 133. § 133. Execution of deed, see Deeds, § 207. tion of will, see Wills, § 166. Fraudulent conveyance, see Fraudulent Convey- Gifts, see Gifts, § 49. Good faith of purchaser of land, see Vendor For injuries from fires caused by operation of For injuries to animals on or near railroad Insolvency of consignee, see Carriers, $$ 74, 76. For injuries to persons on or near railroad Mental capacity, see Marriage, § 60. For injuries to persons on or near street rail- For loss of or injury to goods in course of For price of goods sold, see Sales, § 359. As to particular facts or issues. To annul marriage, see Marriage, § 60. To set aside transfer in fraud of creditors or § 591. In an action to recover money paid Cause of death, see Death, § 76. $598. An issue of fact is not to be determin- evidence, but upon its nature, the character of § 591. Testimony of a party's witness is not tions, in which defendant counterclaimed to § 83. Negligence of master causing injury to serv- In judicial proceedings. |