Martin, Wise & Fitzhugh v. Texas & Pacific Railway Co.
Texas Supreme Court
Questions Certified from Court of Civil Appeals for Fifth District, in an appeal from Lamar County.
1Opinion of the Court
STAYTON, Chief Justice.
This action was brought by Martin, Wise & Fitzhugh, against the Texas & Pacific Railway Company, to recover the value of cotton alleged to have been burned by fire originating from sparks escaping from defendant’s locomotives, while the cotton was on "the platform of a compress company some distance from the railway, for the purpose of being compressed preparatory to shipment.
The defense was contributory negligence and general denial; the alleged negligence consisting in the fact that the cotton, without covering, was placed too near the railway track.
There was evidence…
2Cases cited8 opinions
- Toledo & Wabash Railway Co. v. GoddardIndiana Supreme Court · 1865
- H. & T. C. R'y Co. v. SympkinsTexas Supreme Court · 1881
- Missouri Pacific R'y Co. v. WeisenTexas Supreme Court · 1886
- The Arctic Fire Ins. Co. v. . AustinNew York Court of Appeals · 1877
- H. & T. C. R'y Co. v. RichardsTexas Supreme Court · 1883
3 more not listed; retrieve them via the Exa API.
3Cited by36 opinions
- Southland-Greyhound Lines, Inc. v. RichardsonTexas Supreme Court · 1935
- Cameron Compress Co. v. WhitingtonTexas Commission of Appeals · 1926
- Wilson v. Southern Traction Co.Texas Supreme Court · 1921
- Lewis v. MartinCourt of Appeals of Texas · 1938
- Koons v. RookTexas Commission of Appeals · 1927
31 more not listed; retrieve them via the Exa API.