Missouri, K. & T. Ry. Co. of Texas v. Mitchell

B. F. Mitchell sued the Missouri, Kansas & Texas Railway Company of Texas to recover damages for the destruction by fire through the defendant’s negligence of a store building, together with certain store fixtures therein situated, in the village of Woodbine in Cooke county. There was a jury trial resulting in a verdict and judgment in plaintiff’s favor for the sum of $1,050, and the defendant has appealed.

The charge of the court on the measure of appellee’s damage is made the • basis for appellant’s complaint in the first five assignments of error. The charge is as follows: “If you find in…