Progressive Lumber Co. v. Marshall & East Texas Railway Co.
Texas Supreme Court
, Error to the Court of Civil Appeals, Sixth District, in an appeal from Upshur County. The Progressive Lumber Company sued the Marshall & East Texas Railway Company. Defendant had judgment. Plaintiff appealed, and on affirmance obtained writ of error.
1Opinion of the Court
Mr. Justice HAWKIFÍS
delivered the opinion of the court.
Appellant sued for damages in the sum of $25,000, alleging, substantially, that the fire which destroyed its planing mill and other property, situated near appellee’s right of way, resulted from sparks negligently emitted from a locomotive of appellee, and that (1) said ■sparks fell upon appellant’s property, setting it afire, or (2) said sparks fell upon and set fire to dry grass and other combustible substances which appellee had negligently permitted to encumber said right of way, whence the flames spread to said mill, etc.
The District…
2Cases cited16 opinions
- Lee v. International & Great Northern Railway Co.Texas Supreme Court · 1896
- Missouri, Kansas & Texas Railway Co. v. W. T. Carter & BrotherTexas Supreme Court · 1902
- Fort Worth & New Orleans Railway Co. v. WallaceTexas Supreme Court · 1889
- Harpold v. MossTexas Supreme Court · 1908
- Eastham v. HunterTexas Supreme Court · 1905
11 more not listed; retrieve them via the Exa API.
3Cited by38 opinions
- Stewart v. MillerCourt of Appeals of Texas · 1925
- Texas Employers' Ins. v. HerringTexas Commission of Appeals · 1926
- Goodwin v. Abilene State BankCourt of Appeals of Texas · 1927
- Floyd v. Fidelity Union Casualty Co.Court of Appeals of Texas · 1929
- American Nat. Ins. v. McKellarCourt of Appeals of Texas · 1927
33 more not listed; retrieve them via the Exa API.