Seale. v. Gulf, Colorado & Santa Fe R'y Co.
Texas Supreme Court
Appeal from Burleson. Tried below before the Hon. J. B. McFarland. This suit was brought by appellant, Laura V. Seale, November 24, 1884, to recover damages for the death of her daughter, Capitola Seale, which she alleged occurred August 30, 1884, from burns received in attempting to prevent the destruction of appellant’s fence and dwelling by fire, originating from sparks emitted from appellee’s engine.
Read the full summary
Appeal from Burleson. Tried below before the Hon. J. B. McFarland. This suit was brought by appellant, Laura V. Seale, November 24, 1884, to recover damages for the death of her daughter, Capitola Seale, which she alleged occurred August 30, 1884, from burns received in attempting to prevent the destruction of appellant’s fence and dwelling by fire, originating from sparks emitted from appellee’s engine. The petition alleges that plaintiff, a widow, with her daughter Capitola, fifteen years of age, and four younger children, resided, on August 30, 1884, upon her farm adjoining defendant’s…
1Opinion of the CourtWillie, Chief Justice
The correctness of the ruling of the district judge in sustaining the general demurrer to the appellant’s petition, depends upon whether or not the negligence of the defendant, in setting fire to the combustible matter upon its right of way, was the proximate cause of the death of Capitola Seale. The subject of proximate and remote cause, as applied to injuries resulting from negligence, has undergone frequent adjudication in the English and American courts, and the result has been a diversity of decision, from which but few general principles concurred in as correct can be extracted. One *278prin…
2Cases cited6 opinions
- Insurance Co. v. TweedSupreme Court of the United States · 1869
- Kellogg v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1870
- Fent v. Toledo, Peoria & Warsaw Railway Co.Illinois Supreme Court · 1871
- Barron v. EldredgeMassachusetts Supreme Judicial Court · 1868
- Brandon v. Gulf City Cotton Press & Manufacturing Co.Texas Supreme Court · 1879
1 more not listed; retrieve them via the Exa API.
3Cited by176 opinions
- Texas & Pacific Railway Co. v. BighamTexas Supreme Court · 1896
- Bell v. CampbellTexas Supreme Court · 1968
- City of Dallas v. MaxwellTexas Commission of Appeals · 1923
- Southern Railway Co. v. WebbSupreme Court of Georgia · 1902
- San Antonio & A. P. Ry. Co. v. BehneTexas Commission of Appeals · 1921
171 more not listed; retrieve them via the Exa API.