Texas Central Railroad Company v. Qualls

SPEER, Associate Justice.

— This is an action by B. H. Qualls against the Texas Central Bailroad Company to recover damages for grass burned and injury to the land caused by the negligent escape of fire from one of defendant’s engines. There was a verdict and judgment for the plaintiff, from which the defendant has appealed.

There was no error in permitting the witness Qualls to testify that he saw other engines being operated on appellant’s line about the time appellee’s grass was set on fire, and that said engines were throwing sparks of fire, some of which were as large as a man’s thumb.…