Team v. Texas & P. Ry. Co.

McDONALD, Chief Justice.

Appellee was charged with negligently setting fire to grass in appellants’ pasture. Appellants’ pasture was north of the railroad, being separated from it only by a county road about 100 feet wide. On the day of the fire a strong wind was blowing from the south. It was early in the fall of the year, and the weather had been very dry for some time. There was no witness who actually saw any fire escape from the locomotive and set fire to the grass, so resort necessarily was had to circumstantial evidence to prove both the cause of t'he fire and the alleged negligence of…