St. Louis Southwestern Ry. Co. of Texas v. Wood
Court of Appeals of Texas
Appeal from District Court, Upshur County; R. M. Smith, Judge. Action by J. R.-Wood against the St Louis Southwestern Railway Company of Texas. Judgment for plaintiff, and defendant appeals. This appeal is from a judgment (so far as it is material.to state it) in favor of ap-pellee agaihst appellant for $3,507.49 as the damages (and interest thereon) suffered by him because of the- destruction by fire of a sawmill plant, including a planer and certain lumber owned by him.
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Appeal from District Court, Upshur County; R. M. Smith, Judge. Action by J. R.-Wood against the St Louis Southwestern Railway Company of Texas. Judgment for plaintiff, and defendant appeals. This appeal is from a judgment (so far as it is material.to state it) in favor of ap-pellee agaihst appellant for $3,507.49 as the damages (and interest thereon) suffered by him because of the- destruction by fire of a sawmill plant, including a planer and certain lumber owned by him. Appellee alleged that fire was communicated to his property as the result of negligence on the part of employés of…
1Opinion of the CourtWillson, C. J.
(after stating the facts as above). [1-3] The finding of the jury that appellee’s property was destroyed by fire which escaped from one of appellant’s locomotives is attacked as unauthorized because it appeared, it is insisted, “from the great weight and preponderance of the evidence,”- that the property was not so destroyed, but was destroyed by fire otherwise communicated to it. If there was any testimony whatever tending to show that the fire was communicated to appellee’s property from some other source than one of appellant’s locomotives, appellant has failed to point it out in its…
2Cases cited3 opinions
- St. Louis Southwestern Railway Co. v. McIntosh & CarlisleCourt of Appeals of Texas · 1910
- Galveston, H. & S. A. Ry. Co. v. BruneCourt of Appeals of Texas · 1915
- Nussbaum v. Trinity & Brazos Valley Ry. Co.Court of Appeals of Texas · 1912
3Cited by1 opinion
- Texas N. O. R. Co. v. GlassCourt of Appeals of Texas · 1937