Legal Opinion

Texas & Pacific Railway Co. v. Watson

Supreme Court of the United States

Decided May 4, 1903No. 223PublishedCited by 40 opinions

ERROR TO THE CIRCUIT COURT OF APPEALS FOR THE FIFTH CIRCUIT. This action was originally commenced in a Texas state court by the appellee Watson, to recover the value of sixty-four bales of cotton, less insurance thereon. The cotton was alleged to have been destroyed by tíre on January 3, 1896, while stored upon what was known as the O’Neil cotton platform near the depot of the railway company at Clarksville, Red River County, Texas.

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ERROR TO THE CIRCUIT COURT OF APPEALS FOR THE FIFTH CIRCUIT. This action was originally commenced in a Texas state court by the appellee Watson, to recover the value of sixty-four bales of cotton, less insurance thereon. The cotton was alleged to have been destroyed by tíre on January 3, 1896, while stored upon what was known as the O’Neil cotton platform near the depot of the railway company at Clarksville, Red River County, Texas. The fire was averred to have been occasioned by the negligence of the railway company in the use of a defectively constructed locomotive and in the careless…

1Opinion of the CourtJustice White

The various assignments of error relied upon in the brief of counsel for plaintiff in error will be disposed of in the order therein discussed.

First. In several assignments it is claimed' that the Circuit Court of Appeals erred in holding that the trial court properly admitted the evidence of witnesses to the effect that at or about the time of the fire complained of, and about the time of the passing of the locomotive which it was charged occasioned the fire, the witnesses observed other fires at various points not far removed from the place where the cotton was burned and south of and near…

2Cases cited2 opinions

  1. Grand Trunk Railroad v. RichardsonSupreme Court of the United States · 1876
  2. Transportation Line v. HopeSupreme Court of the United States · 1877

3Cited by40 opinions

  1. Salen v. United States Lines Co.Supreme Court of the United States · 1962
  2. Grismore v. Consolidated Products Co.Supreme Court of Iowa · 1942
  3. United States Smelting Co. v. ParryCourt of Appeals for the Eighth Circuit · 1909
  4. Grant-Howard Associates v. General Housewares Corp.New York Court of Appeals · 1984
  5. Chicago Great Western Ry. Co. v. McDonoughCourt of Appeals for the Eighth Circuit · 1908

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