Texas & P. Ry. Co. v. New Boston Hardware Co.

On March 15, 1912, appellee’s warehouse, together with the contents of same, was destroyed by fire. Claiming that its property was set on fire through sparks and fire negligently emitted and ejected from an engine of appellant being there operated at the time, the appellee sued for the loss. Appellant answered by denial, and pleaded that appellee was negligent in permitting combustible materials to accumulate in the building that was burned and in leaving the windows and openings in same without sufficient protection against sparks of fire, and thus causing and contributing to cause the…