Hays v. Texarkana & Ft. Smith Ry. Co.

JOHNSON, Chief Justice.

Appellant, Roland Hays, for himself and as assignee of several persons named in his petition, sued appellees, Texarkana & Fort Smith Railway Company, Texas & Pacific Railway Company, and St. Louis Southwestern Railway Company of Texas, to recover damages for loss of their household effects and other personal property destroyed by fire on November 30, 1932.

Plaintiff’s petition predicates liability (1) upon alleged negligence of defendants in failing to discharge their statutory duty to keep repaired a certain viaduct which extends over and across their right of way and…