Texas & Pacific Railway Co. v. Rice Bros.

HUNTER, Associate Justice.

This suit was brought by appellees to -recover of appellant damages for burning the grass and also thereby injuring the turf on about 6400 acres of land included in a large inclosed pasture situated in Howard County, the lands of which were held partly by one of the appellees as owner and partly under lease for a term of years, and used by them in their partnership business only for grazing cattle and horses, appellees, at the time, having about 800 head of cattle running in said pasture. The fire occurred on the 26th of August, 1899.

The negligence alleged was that…