Orange Lumber Co. v. Thompson

PLEASANTS, Chief Justice.

This is a suit to recover damages brought by appellee against the appellant. Omitting the formal parts, the petition is as follows:

“That heretofore, to wit, on or about the 29th day of April, 1905, plaintiff owned and had in his possession sixty-five sticks of cypress timber which he had theretofore cut down and topped and placed in Tiger Bayou and Old Biver, both of which are navigable streams in Orange County, Texas, for the purpose of floating the same down and upon the waters of the Sabine Biver, a navigable stream, to Orange, his only market.

“That on or about…