Arey v. St. Louis Southwestern Ry. Co. of Texas
Court of Appeals of Texas
Appeal from District Court, Hunt County; Wm. Pierson, Judge. Action by G. E. Arey against the St. Louis Southwestern Railway Company of Texas. Prom a judgment for defendant, plaintiff appeals.
1Opinion of the CourtRainey, C. J.
Appellant sued the ap-pellee to recover the value of certain property destroyed by fire, alleged to have been caused by the emission of sparks from appellee’s locomotive engine. Appellee answtered by general denial and especially contributory negligence on the part of appellant. A trial resulted in a judgment against appellant.
[1] The first error assigned is in effect that the court erred in charging on contributory negligence, because the evidence fails to show such negligence, as appellant was using his property in a lawful way and for a lawful purpose.
Pacts in relation to the situation of…
2Cases cited4 opinions
- LeRoy Fibre Co. v. Chicago, Milwaukee & St. Paul RailwaySupreme Court of the United States · 1914
- Freeman v. NathanCourt of Appeals of Texas · 1912
- St. Louis Southwestern Ry. Co. of Texas v. McGrathCourt of Appeals of Texas · 1913
- Texas & P. Ry. Co. v. New Boston Hardware Co.Court of Appeals of Texas · 1913
3Cited by2 opinions
- Hines v. CollinsCourt of Appeals of Texas · 1920
- Gibson v. Midland Valley RailroadSupreme Court of Kansas · 1925