Howeth v. Anderson
Texas Supreme Court
Error from Cherokee. Tried below before the Hon. C. A. Frazer. This was a suit brought by James M. Anderson against Sewell Howeth, William M. Sloan, and Cicero Broom, for three thousand five hundred dollars, as damages, for the destruction by fire of a steam saw mill, a quantity of lumber, a lot of tools, and injury to certain machinery belonging to the mill which was not wholly destroyed, all of which was specially set out in a bill of particulars attached to the petition.
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Error from Cherokee. Tried below before the Hon. C. A. Frazer. This was a suit brought by James M. Anderson against Sewell Howeth, William M. Sloan, and Cicero Broom, for three thousand five hundred dollars, as damages, for the destruction by fire of a steam saw mill, a quantity of lumber, a lot of tools, and injury to certain machinery belonging to the mill which was not wholly destroyed, all of which was specially set out in a bill of particulars attached to the petition. As grounds for the action, the petition alleged that on the 26th day of January, 1857, the defendants Howeth and Sloan…
1Opinion of the CourtWheeler, C. J.
In order to determine whether the judgment has been rightly rendered for the plaintiff, we must look to the case made by the petition and the special verdict.
In his petition the plaintiff treats the defendants as his tenants rightfully in possession, and seeks to charge and hold them responsible for the injury and loss sustained on the sole ground of carelessness, negligence, and mismanagement on their part, by which he avers the loss was occasioned. There is no averment in terms of a breach of the covenants in the lease; but the gravamen of the complaint is the negligence. The verdict does…
2Cases cited1 opinion
- Warner v. HitchinsNew York Supreme Court · 1849
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