Montgomery Ward & Co. v. Ramirez

This is an attractive nuisance case. The salient facts are undisputed. Montgomery Ward Company, Inc., defendant below and appellant here, was conducting a retail store in Beeville, Bee County, Texas. Among other things it was selling motor driven washing machines. On November 10, 1936, appellant, acting through its employees, placed a gasoline washing machine in the rear of its store but on a lot belonging to the Company, and in order to test the machine set it in operation. The machine was about four and one-half or five feet in height, and about two feet in width. It was driven by a small…