Texas & Pacific Railway Co. v. Levine
Texas Supreme Court
Application for writ of error to Court of Civil Appeals for Fifth District, in an appeal from Fannin County. The complaint in the application noticed in the opinion is as follows: “That the verdict of the jury was contrary to the evidence, and especially was it contrary to it in these particulars: (1) The evidence fails to show any negligence on the part of the railway company, and shows on the contrary that its engines were operated in a skillful and prudent manner, and…
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Application for writ of error to Court of Civil Appeals for Fifth District, in an appeal from Fannin County. The complaint in the application noticed in the opinion is as follows: “That the verdict of the jury was contrary to the evidence, and especially was it contrary to it in these particulars: (1) The evidence fails to show any negligence on the part of the railway company, and shows on the contrary that its engines were operated in a skillful and prudent manner, and were provided with appliances for preventing the escape of fire shown by the experience of railway companies to be of the…
1Opinion of the Court
BLOWN, Associate Justice.
The judgment from which the writ of error is sought in this case was for the value of cotton alleged to have been burned by fire set by an engine on defendant’s railroad. The application must be refused, and in doing so we have thought it best to specify the reasons for our action as to one ground of error assigned.
Plaintiff in error claims that there was no evidence of negligence on the part of the defendant, and that the court erred in submitting that issue to the jury. If this contention as to the evidence is sound, the application should be granted. It is the…
2Cited by15 opinions
- Gulf, Colorado & Santa Fe Railway Co. v. JohnsonTexas Supreme Court · 1899
- Scott v. Texas & Pacific Railway Co.Texas Supreme Court · 1900
- Gulf, Colorado & Santa Fe Railway Co. v. Blakeney-Stevens-Jackson Co.Court of Appeals of Texas · 1908
- Gulf, Colorado & Santa Fe Railway Co. v. Meentzen Bros.Court of Appeals of Texas · 1908
- Moose v. Missouri, K. & T. Ry. Co. of TexasTexas Commission of Appeals · 1919
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