C. C. Slaughter Cattle Co. v. Pastrana ( 1919 )

On Rehearing.

We see no reason to recede from the rulings made in this case and overrule appellant’s motion for rehearing.

In the. opinion it is stated:

“He was furnished by November with a sketch of the road with full instructions as to the direction in, which the headquarters house •was situated and as to gates, windmills, tanks, etc., along the road.”

Appellee objects to the italicized portion of the statement, and an examination discloses that it is too broad. Hence the italicized portion is withdrawn, and in lieu thereof we quote the testimony of Mike November upon the subject, as follows:

“I told him to go to the ranch and get a load of grain, and I told him that there was some bedding there Mr. Slaughter wasn’t using, and if he wanted to get that to get it and bring it back. Me and Cruz sat down. The other boys were standing around the wagon all this time, and I made him a map and explained it to him, and he said, ‘All right.’ I made him a map of this road going to the ranch. There is just one road, and I showed him what side of the mills to go on and what gates to go through. There is only one road going in that direction. After I gave him this map or directions I turned the team over to him, and he got in the wagon and started off. * * * I told Cruz just to stay in that road where I placed him, to stay in it, and there was no other road to turn off, and if he got to the windmills he could see which side of the road to go on. I had marked that on the map. * * * I gave him all the instructions I could to get to that ranch and put him on the road. * * * The road branched off right there at the camp, and I took him out and started him on the right road, to headquarters. I did not show him the road that led off to the Mallett ranch. I gave him instructions as to all roads because I had orders to, and, as I recall it, there were not many branch roads leading off. Around those two windmills there are all binds of trails, and I was afraid he would get started up some of those trails. In that country there is a good many windmills, and they have to keep a man to keep them up, and he travels those trails. That is the reason he needed instructions. At the windmills there would be cow paths leading off, but if a stranger got lost in that country he would not be on the road. He would have to get off the road to be lost. That road led to the ranch, and if he followed any of those trails he got on another road. Some of those windmills have roads leading to the ranch. * * *”

Also the testimony of appellee, as follows:

“He gave us a paper showing where windmills were stationed so as to direct ourselves on the-road. '*• * * Mike drew a diagram on paper showing the windmills and gates we were to go through and the road. He told us about leaving that placo, and we left. He showed us the place to get started on and told us about some ranch to inquire about the road from. * * * When we got through eating breakfast, he gave us the instructions how to find the place. * * * ”