Stoner v. Texas & Pacific Railway Co.

The opinion of the court was delivered by

Watkins, J.

This is an action in damages, alleged to have been ■occasioned by the destruction of, and injury done to, fruit trees in plaintiff’s orchard in the immediate vicinity of the track of defendant’s railway.

The section hands of the defendant company were engaged in burning old cross-ties on its right of way, and fire from the heaps of burning ties caught the dry grass and rapidly communicated to plaintiff’s orchard, and the damage complained of was done before the employés and others could arrest it. This fact is not denied by defendant ; but,…