Missouri Pacific Railroad v. Bartlett
Texas Supreme Court
Appeal from Bell. Tried below before the Hon. W. A. Blackburn. This suit was brought by the appellee, J. T. Bartlett, against the appellant, The Missouri Pacific Railway Company, June 9, 1884, in Bell county for the value of thirty-five bales of cotton placed by plaintiff upon defendant’s platform for shipment, which he alleged were destroyed by fire from defendant’s locomotive through the negligence of the defendant.
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Appeal from Bell. Tried below before the Hon. W. A. Blackburn. This suit was brought by the appellee, J. T. Bartlett, against the appellant, The Missouri Pacific Railway Company, June 9, 1884, in Bell county for the value of thirty-five bales of cotton placed by plaintiff upon defendant’s platform for shipment, which he alleged were destroyed by fire from defendant’s locomotive through the negligence of the defendant. Plaintiff alleged that he placed fifty-seven bales of cotton on the platform by the consent and acquiescence of defendant’s agent; that he had often placed cotton there before…
1Opinion of the Court
Collard, Judge.
The charge complained of is a correct charge when the plaintiff has not himself been guilty of negligence in exposing his property to destruction by fire from a passing locomotive. The principle given in the charge is clearly applicable to cases where without fault or negligence of the owner his property is consumed by fire from defendant’s engine; but it would not be applicable without qualification in all cases. When the owner is negligent in exposing his property to fire the charge should not be given, and when the negligence of the owner is in issue the charge should be…
2Cases cited4 opinions
- Texas & Pacific R'y Co. v. Levi & Bro.Texas Supreme Court · 1883
- Int. & G. N. R'y Co. v. TimmermannTexas Supreme Court · 1884
- Fitch v. Pacific RailroadSupreme Court of Missouri · 1870
- Woodson v. Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1874
3Cited by9 opinions
- Cincinnati, N. O. & T. P. Ry. Co. v. South Pork Coal Co.Court of Appeals for the Sixth Circuit · 1905
- Missouri Pacific Railway Co. v. CullersTexas Supreme Court · 1891
- Gulf, Colorado & Santa Fe Railway Co. v. JohnsonTexas Supreme Court · 1899
- Galveston, Harrisburg & San Antonio Railway Co. v. ChittimCourt of Appeals of Texas · 1902
- St. Louis Southwestern Railway Co. v. RossCourt of Appeals of Texas · 1909
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