Palmetto Moss Factory v. Texas & P. Ry. Co.
Supreme Court of Louisiana
Appeal from Sixteenth Judicial District Court, Parish of St. Landry; B. H. Pavy, Judge. Suits by the Palmetto Moss Factory and another and by Charles Meyer and another against the Texas & Pacific Railway Company. From judgments for plaintiffs, defendant appeals, and plaintiffs move to dismiss.
1Opinion
On the Merits.
PROVOSTY, J.
A building belonging to one of the plaintiffs in these two consolidated cases, which the other plaintiff leased for operating a moss factory, was destroyed by fire caused by sparks emitted by a locomotive of the defendant company. The owner of the building testifies that it was situated 75 to 80 feet from the railroad track, and so does another witness; but the diagram offered in evidence by the plaintiffs shows that the right of way of the defendant company extends only 67% feet from the track on that, side, and that the entire platform of the building in question…
2Cases cited16 opinions
- Deppe v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1910
- Albany & Northern Railway Co. v. WheelerCourt of Appeals of Georgia · 1909
- Ashbey v. AshbeySupreme Court of Louisiana · 1889
- Lemann Co. v. Texas & P. Ry. Co.Supreme Court of Louisiana · 1911
- Firemen's Fund Insurance v. Oregon-Washington Railroad & Navigation Co.Washington Supreme Court · 1917
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