St. Louis Southwestern Railway Co. v. Sharp

RICE, Associate Justice.

On the 29th of September, 1906, plaintiff was in the employ of appellant as a section foreman, and, together with his family, lived in a section house near Gatesville, the same being situated on the right of way near appellant’s railway. On said date said house was consumed by fire, alleged to have been caused by sparks emitted from a passing engine, and this action was brought to recover damages for the destruction of plaintiff’s household goods and effects. There was a recovery in the sum of $1000.

After a general demurrer, general denial and special answer setting up…