Cisco & N. E. Ry. Co. v. Texas Pipe Line Co.
Court of Appeals of Texas
Appeal from District Court, Eastland County; E. A. Hill, Judge. Action by the Texas Pipe Line Company against the Cisco & Northeastern Railway Company and M. A. Wogan. Prom judgment for plaintiff against defendant Railway Company, and from judgment for M. A. Wogan against defendant Railway Company, the Railway Company appeals. Affirmed in’ part.
1Opinion of the CourtDunklin, J.
The Cisco & Northeastern Railway Company let a contract to M. A. Wogan to do for it some excavation work on its right of way., In order to perform that work it was necessary to blast rock in making excavation for the roadbed. AVhile performing that ,work Wogan put in a heavy charge of explosives which threw large pieces of stone in the air, one of which pieces fell on and broke an iron pipe owned by the Texas Pipe Line Company and used to convey petroleum oil. This pipe line ran practically parallel with the right of way and about 60 feet distant therefrom. The place where the pipe was broken…
2Cases cited3 opinions
- Cameron Mill & Elevator Co. v. AndersonTexas Supreme Court · 1904
- City of San Antonio v. Smith & Hildebrand & HamiltonTexas Supreme Court · 1900
- Camerom Mill and Elevator Co. v. AndersonCourt of Appeals of Texas · 1903
3Cited by11 opinions
- Seismic Explorations, Inc. v. DobrayCourt of Appeals of Texas · 1943
- Brownsville Navigation District v. Valley Ice & Fuel Co.Court of Appeals of Texas · 1958
- Coker v. BenjaminCourt of Appeals of Texas · 1935
- Hamblen v. MohrCourt of Appeals of Texas · 1943
- Gieb v. Goebel Brewing Co.Court of Appeals of Texas · 1943
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