Nussbaum v. Trinity & Brazos Valley Ry. Co.
Court of Appeals of Texas
Appeal from Limestone County Court; H. B. Daviss, Judge. Action by Nussbaum & Seharff against the Trinity & Brazos Valley Railway Company. Judgment for defendant, and plaintiffs appeal.
1Opinion of the Court
Appellants brought this suit against the appellee to recover damages for the loss of certain cotton situated on the compress platform at Mexia, Tex., alleged to have been burned by sparks emitted from appellee's engine. Appellee answered by general denial, and specially that its engines were equipped with the best and most approved spark arresters, and that ordinary care was used to maintain and keep them in good condition, and that care was used in their operation, but that, in spite of such precaution, it was impossible to prevent sparks from escaping, especially when pulling a train up…
2Cases cited6 opinions
- Texas Western Railway Co. v. GentryTexas Supreme Court · 1888
- Texas & Pacific R'y Co. v. Levi & Bro.Texas Supreme Court · 1883
- W. A. Morgan & Bros. v. Missouri, Kansas & Texas Railway Co.Court of Appeals of Texas · 1908
- E. L. & R. R. R'y Co. v. HallTexas Supreme Court · 1885
- Smith v. MoselyTexas Supreme Court · 1889
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Fakes v. Fort Worth Gas Co.Court of Appeals of Texas · 1926
- Scharff v. Trinity & Brazos Valley Railway Co.Texas Supreme Court · 1917
- Moose v. Missouri, K. & T. Ry. Co. of TexasCourt of Appeals of Texas · 1915
- St. Louis Southwestern Ry. Co. of Texas v. WoodCourt of Appeals of Texas · 1917
- Missouri, K. T. Ry. Co. of v. HumphriesCourt of Appeals of Texas · 1918