Legal Opinion

Scott v. Texas & Pacific Railway Co.

Texas Supreme Court

Decided June 28, 1900No. 920PublishedCited by 9 opinions

Error, to the Court of Civil Appeals for the Fourth District, in an appeal from Harrison County. R. R. Scott, William Batt, and the Marshall Rational Bank brought separate suits against the railway company for destruction of property severally owned by them. The suits were consolidated and tried together, the issues being the same, and defendant had judgment. Plaintiffs appealed, and on affirmance of the judgment obtained writ of error.

1Opinion of the Court

WILLIAMS, Associate Justice.

Plaintiffs in error sued defendant in error to recover the value of buildings and other property destroyed by fire, alleging that the fire had been set by sparks which escaped from one of defendant’s locomotives, through its negligence in failing to keep its engine properly equipped with appliances to prevent the escape of sparks, and in carelessly operating the engine.

The charge of the triál judge, in terms, required the jury to find that the fire was communicated to the property by sparks flying from the engine, and that this was “the result of negligence on the…

2Cases cited1 opinion

  1. Texas & Pacific Railway Co. v. LevineTexas Supreme Court · 1895

3Cited by9 opinions

  1. Missouri, Kansas & Texas Railway Co. v. W. T. Carter & BrotherTexas Supreme Court · 1902
  2. Hengy v. HengyCourt of Appeals of Texas · 1912
  3. Metcalfe v. LowensteinCourt of Appeals of Texas · 1904
  4. Moose v. Missouri, K. & T. Ry. Co. of TexasTexas Commission of Appeals · 1919
  5. Gulf, C. & S. F. Ry. Co. v. WhitfieldCourt of Appeals of Texas · 1918

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