Sabine & East Texas Railway Co. v. Wood

Stayton, Associate Justice.

This action was brought by the appellee to recover damages for the loss and destruction of personal property owned by.him and for injury done to his person, all of which he alleged resulted from the failure of the appellant properly to construct its railway near the town of Sabine Pass. The defendant alleged that its road bed was properly constructed, and that the injuries resulted from water driven upon the land by an unusually severe storm “ which the greatest care and skill in the construction of its road grade could not have prepared against.”

The evidence shows…