Legal Opinion

Peoples v. Yoakum, Receiver

Court of Appeals of Texas

Decided April 17, 1894No. 732PublishedCited by 5 opinions

Appeal from Milam. Tried below before Hon. J. H. Henderson. A demurrer was sustained in the trial court against a petition against a receiver for damages caused by the negligent escape of fire from the trains of cars operated by the receiver. The plaintiff appealed.

1Opinion of the Court

KEY, Associate Justice.

Appellant brought this suit against B. F. Yoakum and J. S. MacKamara, as receivers of the San Antonio & Aransas Pass Railway Company, to recover damages for negligently setting fire to and destroying, while operating said railway, certain grass, timber, and fence, belonging to appellant, and situated on his land adjacent to the right of way of said railroad. Appellees demurred to appellant’s petition, asserting that it stated no cause of action, and that it failed to show a liability against them as receivers. The District Court sustained these demurrers, and this…

2Cases cited1 opinion

  1. Turner v. Cross and Eddy, ReceiversTexas Supreme Court · 1892

3Cited by5 opinions

  1. Bartlett v. Cicero Light, Heat & Power Co.Illinois Supreme Court · 1898
  2. Masterson v. F. W. Heitmann & Co.Court of Appeals of Texas · 1905
  3. Waters-Pierce Oil Co. v. United States & Mexican Trust Co.Court of Appeals of Texas · 1906
  4. Davidson v. WillsCourt of Appeals of Texas · 1909
  5. Texas Employers' Ins. v. PriceCourt of Appeals of Texas · 1926

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