Atchison v. Texas & Pacific Railway Co.

Mr. Judge Folley,

of the Commission of Appeals delivered the opinion for the Court.

This suit was filed by the petitioner, W. B. Atchison, against the respondent, Texas & Pacific Railway Company, to recover damages for injuries sustained by petitioner’s wife when the automobile in jvhich he was riding collided with that of a third party upon a public highway adjacent to respondent’s railroad while the highway was enveloped in dense smoke from a grass fire alleged to have been negligently started by respondent on. its right of way and which spread to the surrounding area. The trial before the…