Josey v. Beaumont Waterworks Co.
Court of Appeals of Texas
Appeal from District Court, Jefferson County ; W. H. Davidson, Judge. Suit by J. E. Josey and others against the Beaumont Waterworks Company. From a judgment for the defendant, plaintiffs appeal.
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Appeal from District Court, Jefferson County ; W. H. Davidson, Judge. Suit by J. E. Josey and others against the Beaumont Waterworks Company. From a judgment for the defendant, plaintiffs appeal. This suit was instituted by the plaintiffs (appellants) against the defendant (appellee) to recover the value of their buildings and other property located in the city of Beaumont, which were destroyed by fire on September 7, 1913, which plaintiffs alleged were of the reasonable value of $77,032.18. After the evidence was all in, the court instructed the jury to find for the defendant, and the jury…
1Opinion of the CourtBrooke, J.
(after stating the facts as above). The pipe line was erected by the plaintiffs. It was a private line owned by them, and, so far as the record shows, it was broken through no fault of the defendant. Therefore the question arises whose duty it was to keep the said pipe line in repair. If it was the duty of the appellee to keep the line in repair and by its negligence in the premises the said line became broken, it would be liable. It is not alleged, neither was it proven, that there was any verbal or written contract by which the appellee agreed, or that any duty rested upon it, to keep the…
2Cases cited35 opinions
- German Alliance Insurance v. Home Water Supply Co.Supreme Court of the United States · 1912
- Barnard v. KelloggSupreme Court of the United States · 1871
- National Bank v. BurkhardtSupreme Court of the United States · 1880
- House v. Houston Waterworks CompanyTexas Supreme Court · 1895
- McConnell v. Corona City Water Co.California Supreme Court · 1906
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3Cited by5 opinions
- Planters' Oil Co. v. GreshamCourt of Appeals of Texas · 1918
- Oxford v. RogersCourt of Appeals of Texas · 1921
- Wray-Dickinson Co. v. Commercial Credit Co.Louisiana Court of Appeal · 1939
- Untitled Texas Attorney General Opinion, Texas Attorney General Reports1971
- Williams v. Independence Water Works Co.Missouri Court of Appeals · 1943