Freeman v. Nathan
Court of Appeals of Texas
Appeal from District Court, Falls County; Richard I. Munroe, Judge. Action by I. J. Nathan and others against T. J. Freeman, receiver of the International & Great Northern Railroad Company. Judgment for plaintiffs, and defendant appeals.
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Appeal from District Court, Falls County; Richard I. Munroe, Judge. Action by I. J. Nathan and others against T. J. Freeman, receiver of the International & Great Northern Railroad Company. Judgment for plaintiffs, and defendant appeals. Appellee I. J. Nathan brought this suit against T. J. Freeman, as receiver of the International & Great -Northern Railroad Company, to recover for the destruction by fire of the plaintiff’s electric light and ice plant and stock of supplies in connection therewith, in the city of Marlin, Tex., on September 17, 1909. The fire was alleged to have been caused by…
1Opinion of the Court
' KEY, C. J.
(after stating tbe facts as above). 1. Tbe first and second assignments of error present the proposition that the un-controverted proof shows that the plaintiff was guilty of contributory negligence, as matter of law, and therefore the court should have given a peremptory instruction to the jury to find for the defendant. Appellant contends that the proof shows: (1) That Nathan knew of the danger of fire from engines passing his barn; (2) that he was warned of this danger; and (3) that he maintained his barn next to the railroad and allowed shucks, hays, and other combustible…
2Cases cited48 opinions
- Grand Trunk Railroad v. RichardsonSupreme Court of the United States · 1876
- Jacksonville, Tampa & Key West Railway Co. v. Peninsular Land, Transportation & Manufacturing Co.Supreme Court of Florida · 1891
- Emery v. Raleigh & Gaston RailroadSupreme Court of North Carolina · 1889
- Campbell v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1894
- Benedict Pineapple Co. v. Atlantic Coast Line RailroadSupreme Court of Florida · 1908
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3Cited by5 opinions
- Independent Eastern Torpedo Co. v. CarterCourt of Appeals of Texas · 1939
- Galveston, H. & S. A. Ry. Co. v. BruneCourt of Appeals of Texas · 1915
- Arey v. St. Louis Southwestern Ry. Co. of TexasCourt of Appeals of Texas · 1914
- Texas & P. Ry. Co. v. New Boston Hardware Co.Court of Appeals of Texas · 1913
- Freeman v. PeacockCourt of Appeals of Texas · 1912