Houston & Texas Central Railroad v. Anderson

PLEASAKTS, Associate Justice.

This is a suit by appellee against appellant to recover damages alleged to have been caused by an overflow of oil from appellant’s right of way on to appellee’s premises.

Plaintiff alleged that by reason of the defendant’s negligence in the maintenance of its track, and by reason of its negligence in the operation and handling of its trains, a train carrying a number of cars of fuel oil left the track and was overturned, the oil therefrom running down into plaintiff’s tank in large quantities, killing the fish and making it necessary to cut the dam holding the…