T. & P. R'y Co. v. Tankersley
Texas Supreme Court
Appeal from Itaufman. Tried below before the Hon. Green J. Clark. On April 9,1883, plaintiff (appellee) brought suit in the Kaufman district court against defendant (appellant) to recover the value of thirty-six bales of cotton which he alleged were destroyed by fire on January 28, 1883, at Terrell, by fire originating from one of defendant’s engines.
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Appeal from Itaufman. Tried below before the Hon. Green J. Clark. On April 9,1883, plaintiff (appellee) brought suit in the Kaufman district court against defendant (appellant) to recover the value of thirty-six bales of cotton which he alleged were destroyed by fire on January 28, 1883, at Terrell, by fire originating from one of defendant’s engines. That said engine was out of repair, provided wfith no sufficient apparatus to prevent the escape of fire, and at the time was carelessly and recklessly handled by the engineer. The defendant pleaded the general denial, and specially: 1. That the…
1Opinion of the Court
Watts, J. Com. App.
Upon the trial in the court below appellant asked and the court refused to give the following charge;
“If the jury find from the evidence that the engine which plaintiff claims set his cotton on fire was properly examined at Fort Worth and left that place in good condition as to netting and spark-arresters, and that there were no repair shops for engines between Fort Worth and Longview, and that said engine got out of repair between Fort Worth and Terrell, and that there were no opportunities at the latter place for repairing it, then the mere fact that such engine got out…
2Cases cited1 opinion
- Texas & Pacific R'y Co. v. Levi & Bro.Texas Supreme Court · 1883
3Cited by29 opinions
- Watkins v. JunkerTexas Supreme Court · 1897
- Nash v. LangMassachusetts Supreme Judicial Court · 1929
- Spelman v. DelanoMissouri Court of Appeals · 1914
- St. Louis Southwestern Ry. Co. v. SealeTexas Commission of Appeals · 1924
- Southern Gas & Gasoline Engine Co. v. Adams & PetersTexas Commission of Appeals · 1921
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