Houston & Texas Central Railroad v. Washington

JEHKIHS, Associate Justice.

This was a suit by appellee to recover damages for loss of property by fire, _ alleged to have been caused by sparks from defendant’s engine. There was a verdict and judgment for appellee, from which appellant prosecutes this appeal,, and assigns as error, first, the overruling of its special exception to appellee’s petition, in that it did not set out the alleged negligence with sufficient certainty. The petition alleged, as negligence, “that said locomotive was so defectively and improperly built and constructed, and was so carelessly, negligently and unskilfully…