St. Louis Southwestern Railway Co. v. Arey
Texas Supreme Court
Error to the Court of Civil Appeals, Fifth District, in an appeal from Hunt County. Arey sued the Railway Company and appealed from a judgment for defendant. This being reversed and the cause remanded, expressly overruling a former decision, the Railway Company obtained writ of error.
1Opinion of the Court
Mr. Chiee Justice PHILLIPS
delivered the opinion of the court.
The suit of the plaintiff in the trial court, G-. E. Arey, the present defendant in error, was for the recovery of damages on account of the destruction of certain property,—a barn and its contents, charged to have been due to escaping sparks from a passing engine of the Railway Company. The barn was upon the premises near the railroad track, leased by the plaintiff, tjie barn itself being 108 feet south of the track. The track extended in a northeast and southwest direction. This situation placed the west side of the barn toward…
2Cases cited3 opinions
- Texas & Pacific R'y Co. v. Levi & Bro.Texas Supreme Court · 1883
- LeRoy Fibre Co. v. Chicago, Milwaukee & St. Paul RailwaySupreme Court of the United States · 1914
- Martin, Wise & Fitzhugh v. Texas & Pacific Railway Co.Texas Supreme Court · 1894
3Cited by26 opinions
- Houston Natural Gas Corporation v. PearceCourt of Appeals of Texas · 1958
- Ft. Worth & D. C. Ry. Co. v. SpeerCourt of Appeals of Texas · 1919
- City of Weatherford Water, Light & Ice Co. v. VeitCourt of Appeals of Texas · 1917
- Tarry Warehouse & Storage Co. v. PriceCourt of Appeals of Texas · 1934
- Houston Transit Co. v. McQuadeCourt of Appeals of Texas · 1949
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