Texas & P. Ry. Co. v. Smith

FUNDERBURK, Justice.

This appeal is from a judgment of the court below in favor of Edgar Smith awarding him recovery, against Texas and Pacific Railway Company, of damages in the sum of $1,497.50 for alleged negligence ■of defendant “in allowing * * * grass, weeds and vegetation to grow up on its right of way and remain there in a dry and inflammable condition where the same might communicate a fire to the adjoining premises”; and, following which, Defendant “negligently started a grass fire on its right of way at a point about one mile east of Putnam in Callahan County, Texas, * * * [which]…