Gulf, Colorado & Santa Fe Railway Co. v. Johnson

BROWN, Associate Justice.

The Court of Civil Appeals made no finding of facts, but based its question upon the following charge given by the court:

“That if from the evidence they believe that sparks of fire escaped from the defendant’s engine and set fire to the bed and clothing of the plaintiff, Oceana Johnson, and that said fire was communicated to said plaintiff and injured her, then such facts constitute a prima facie case of negligence on the part of the defendant, and, in the absence of rebutting evidence sufficient to overcome such prima facie case of negligence, will render the…