Texas & Pacific R'y Co. v. Levi & Bro.
Texas Supreme Court
Appeal from Dallas. Tried below before the Hon. Geo. N. Aid redye. Suit by appellees to recover damages for the burning of their cotton in Dallas in 1879. Appellees alleged that their cotton was stored in their cotton yard, and was set on fire by defendant’s train through defendant’s carelessness.
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Appeal from Dallas. Tried below before the Hon. Geo. N. Aid redye. Suit by appellees to recover damages for the burning of their cotton in Dallas in 1879. Appellees alleged that their cotton was stored in their cotton yard, and was set on fire by defendant’s train through defendant’s carelessness. Defendant pleaded the general denial, and specially, that if appellee’s cotton was damaged by fire from defendant’s engine, it was by reason of appellee’s own negligence in stacking it on a public street and in a place of danger, thus exposing it to any chance spark that might escape from…
1Opinion of the Court
Stayton, Associate Justice.—
Appellant alleged as a defense that the appellees held policies of insurance on the cotton destroyed or injured, which had been collected, and that, therefore, it was not liable for such loss as the appellees might have sustained, through its negligence, to the extent to which appellees had been reimbursed by the money collected upon such policies. The court sustained a demurrer to this defense, and this is assigned as error.
In this ruling there was no error. If the cotton had been fully paid for by insurance companies under policies which had been paid for by the…
2Cases cited6 opinions
- Clark v. WilsonMassachusetts Supreme Judicial Court · 1869
- Merrick v. BrainardNew York Supreme Court · 1860
- Streett v. LaumierSupreme Court of Missouri · 1864
- Hayward v. CainMassachusetts Supreme Judicial Court · 1870
- Winne v. Illinois Central R. R.Supreme Court of Iowa · 1871
1 more not listed; retrieve them via the Exa API.
3Cited by54 opinions
- Brown v. American Transfer & Storage Co.Texas Supreme Court · 1980
- Aaron Glenn Haygood v. Margarita Garza De EscabedoTexas Supreme Court · 2011
- Texas & Pacific Railway Co. v. MercerTexas Supreme Court · 1936
- Chicago, R. I. & G. Ry. Co. v. ZumwaltTexas Commission of Appeals · 1922
- Missouri Pacific Railway Co. v. CullersTexas Supreme Court · 1891
49 more not listed; retrieve them via the Exa API.