Phoenix Lumber Co. v. Houston Water Co.
Texas Supreme Court
Error to the Court of Civil Appeals for the First District, in an appeal from Fort Bend County. The Phoenix Lumber Company and Dillingham as its statutory assignee brought the suit against the Houston Water Company, in the District Court of Harris County, and numerous insurance companies ' intervened in the suit, claiming partial interests in the cause of action. The cause was transferred to Fort Bend County on change of venue.
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Error to the Court of Civil Appeals for the First District, in an appeal from Fort Bend County. The Phoenix Lumber Company and Dillingham as its statutory assignee brought the suit against the Houston Water Company, in the District Court of Harris County, and numerous insurance companies ' intervened in the suit, claiming partial interests in the cause of action. The cause was transferred to Fort Bend County on change of venue. Defendant having judgment, plaintiffs and interveners appealed, and on affirmance obtained writ of error.
1Opinion of the Court
BROWN, Associate Justice.
On June 19, 1891, the plaintiffs in error, with Charles Dillingham, who had been appointed receiver of the property of that corporation, sued the Houston Water Company in the District Court of Harris County to recover the value of certain property which was alleged to have been destroyed by fire in the city of Houston on the 20th day of May, 1891, on account of the failure of the defendant in error to furnish a sufficient supply of water to extinguish the fire. The insurance companies named in the application intervened and the venue of the case was changed to Fort…
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